So you’ve decided to get a divorce and you’re considering what your options are moving forward. It may be tempting to jump straight in and launch divorce proceedings immediately, possibly even to surprise your partner in the process if things have been particularly sour between the two of you. However, when all is said and done, the end result of going down the potentially nuclear path of litigation may not actually be in your best interests. Exorbitant legal fees, time-consuming administration, and prolonged emotional stress can often be the direct results of making such a move, and this is where the perhaps lesser know option of mediation becomes a desirable alternative.
Mediation is a method of alternative dispute resolution (ADR) that invites both parties who are involved in a legal dispute to participate in an open and honest dialogue that is guided by a trained mediator. The process allows for views from both sides of the argument to be heard within a controlled environment so that careful negotiation can then ensue in order to find a compromise that best accommodates both parties. In most cases, mediation is voluntary with the parties involved having chosen to work together with a mediator to resolve their issues in a less confrontational manner. However, mediation can sometimes also be ordered by the judge in an ongoing court case as a necessary method to resolve certain contested matters that have arisen during proceedings.
So how does this apply to you? You may currently have no interest in trying to amicably resolve your problems with your spouse (after all, that’s likely why you want to separate!), but the advantages of mediation may prove to outweigh the benefits of a more aggressive approach. Being able to secure a future post your separation that is free of any unnecessary financial setbacks or lingering conflict should always be the top priority – and mediation can help with this for a variety reasons.
The first major advantage of mediation is the simple fact that it is generally far more cost effective than litigation. Although professional mediators may well charge a similar fee to solicitors, it is the actual process of mediation and how much quicker it is than litigation that saves you the cost. You can generally expect a successful outcome from mediation within only a few sessions which (depending o how often you schedule them) could only be a matter weeks or even days – conversely, a case going through the judicial court system will sometimes go on for months, or even years, in order to reach a final agreement. Additionally, there are also extensive court and legal fees that come into play when pursuing a trial which often isn’t common knowledge.
Although it may be challenging, aiming to work together with your spouse or partner via mediation can also be particularly beneficial whenever children are involved. The consent of both parties with Parental Responsibility will ultimately always be needed whenever you make any significant decisions for the care and wellbeing of your children, and this is why aiming to maintain some form of an amicable relationship is so important. Mediators are especially skilled at conflict resolution and can help you and your partner to arrive at a solution for even your most complex disagreements. Agreeing on a compromise in this way will make co-parenting in future a lot easier than if you have obliterated any civility between the two of you during a heated court battle.
Mediation can also be a lot less stressful and emotionally draining than pursuing litigation and going to court. One potential disadvantage of having your issues resolved in court proceedings is the simple fact that the judge overseeing your case may decide to make a final order that isn’t at all in your favour. Despite the fact that you may think it an unjust decision, you will then be legally bound to comply with it, unless you are successful in appealing the ruling which will of course require further time and money spent litigating. On the other hand, although you can have your agreements in mediation turned into a legally binding document by a solicitor if required, the decision you arrive at in this way is not set in stone. Mediation also tends to provide both parties with a more positive outcome given its inherently collaborative nature.
Although navigating a separation or divorce is never an easy process, there are a variety of approaches and methods available to you depending on what your circumstances are. Our solicitors at Grayfords are experts in family law and can help you with a wide range of issues including financial settlements, child custody matters, pre and post nuptial agreements, and domestic abuse. If you are looking for legal guidance or need to hire a solicitor to represent you in an ongoing family matter, then don’t hesitate to book your free consultation today to find out more about how we can help.
