What is mediation?
Mediation is a voluntary process which enables couples to explore outstanding issues. Most commonly these issues involve the financial implications of a relationship background and/or the future arrangements for the children.
These issues may arise as a result of their relationship ending. However mediation can also help couples wishing to enter into cohabitation or pre-nuptial agreements at the beginning of their relationship or families who are facing a dispute following the death of a loved one.
The process involves both sides meeting with an impartial and specifically trained third party, who can help them to come to an agreement and to draw up a Memorandum of Understanding that is fair and acceptable to all concerned, without the need for court intervention. Any agreement reached is not legally binding without both parties deciding jointly to apply to court for the arrangements to be ratified or formalising it in some other way. The discussions are strictly confidential and either person is free to leave the mediation process at any point.
Why use mediation?
- decision making rests with you
- more flexibility
- can be more cost effective than other ways of resolving disputes
- ability to fix your own timetable
- avoids or minimises ill feeling
- less pressured than court proceedings
Mediation can be especially beneficial where children are involved as it allows arrangements for their future to be agreed (both in relation to their care and financial settlement) at the earliest opportunity with minimal animosity between the parents.
Adults who can reach agreements get less caught up in conflict and are better able to adjust and to co-parent their children in the future.
In addition, since 6th April 2011 separating couples must consider whether mediation would be a better way of resolving their differences rather than taking matters to Court (see the section on MIAMs).
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