MEDIATION WEEK: Is Family Mediation better than Divorce in the Courts?
This week is national ‘Mediation Week’, a week during the year to raise awareness of mediation and how it can help in marital and relationship difficulties.
If you are in dispute with your ex, or you’re having difficulties settling your separation terms, you may be thinking about court proceedings towards divorce or a formal separation agreement, but have you considered Mediation as an alternative process?
STOP AND THINK
-
Do you really want a divorce through the courts and all the pain, delay and cost that can come from that?
-
Do you really want to engage in a highly-charged confrontational way with your ex?
-
Do you really want to ‘to and fro’ between sets of solicitors on both sides, with copious solicitor letters to read, pay for and contend with?
-
Do you really want to put your children through the emotional rollercoaster of fraught arguments and parent stand-offs that endure for many months?
-
Mediation can help you to resolve family disputes and relationship breakdown in an alternative way.
Talking to someone independent
When relationships end or there are disagreements, emotions run high and talking face to face seems like the hardest thing to do. Sometimes you need help to get the talking started and focus on what really matters to you and your family.
That’s where mediation comes in.
What is Mediation?
-
A trained Mediator is tasked with helping both sides of a dispute to come to a conciliation and fair understanding through meetings and conversations involving them.
-
Both sides have to commit to not going to court, and, instead, choose to resolve their differences through conversations with the Mediator.
-
There’s a commitment by all parties to resolve the dispute or relationship breakdown and this is a central theme - all parties are keen for this to happen.
What are the benefits of choosing Mediation?
-
The cost can be less (depending on your circumstances), and the matter can be resolved fairly quickly
-
No expensive court or barrister fees
-
Children are saved from long drawn-out proceedings and witnessing acrimony between parents
-
The Mediator can cut-to-the-chase in the negotiations and question unrealistic demands which can save many months of debate
-
The mediation is conducted in an environment of discussion, not a confrontational court room where either party may be disallowed from adding their own points of view to the court and relying instead on the barrister and solicitor putting their case – you have more control of the content of conversations in mediation and getting your points across
-
The Mediator is trained, qualified and independent and therefore unbiased in their conclusions and suggestions.
-
The resolution is drawn from both parties, and therefore it is not forced on either party – the resolution is agreed.
If your relationship is faltering and several attempts at reconciliation have failed, then mediation might be the answer for you.
At Lawson-West Solicitors we have a trained specialist mediator who can guide you through the dispute as quickly as you like and with an outcome that meets every person’s needs.
"Mediation offers an out-of-court, speedy, confidential way to get a resolution with the added bonuses of consistency - in the terms of who the mediator is - and a significant flexibility over what needs to be resolved and how it should be resolved. The agreements are often sensible solutions, as decisions are made with a lot more discussion, guided by the experienced mediator.”
If you want to find out more about Mediation and how it works, get in touch.
Read more
More about Mediation Week [18-22 Jan 2021]
Mediation & Resolution Leaflet [more about the whole process]
Slow Courts – Family Disputes Turn to Mediation [28 Sep 2020]
