Going through a divorce is often quite a stressful process, but many divorcing couples actually rely on mediation to help alleviate some of this stress.
However, how do you know if divorce mediation is actually right for you and your family?
What is divorce mediation?
Divorce mediation is a method of resolving differences between a divorcing couple. The process helps ex-partners reach agreements on a number of different issues without the need to go to court.
Issues that can be discussed during mediation include:
- Property
- Finances
- Child custody
- Pensions
- Maintenance
- Communication after the divorce
Is mediation compulsory in a divorce?
No, mediation is not compulsory during a divorce. However, many couples going through a divorce will choose to use mediation to resolve any differences between one another before they go to court.
Although it is not compulsory, couples are generally expected to attend mediation sessions if they are unable to agree on certain aspects of the divorce, such as child custody or other children arrangements or a financial settlement before making an application to court.
The pros and cons of a divorce with mediation
Before you jump into using mediation during your divorce, it’s worth taking a look at the pros and cons of the service.
Pros of a divorce with mediation
One of the biggest benefits of mediation is that it can speed up the divorce process and reduce costs, since there is no need to resolve matters in court. The court sees a huge amount of divorce cases, meaning only a limited few can be dealt with at a time. Mediation can help to eliminate these waiting periods and help you achieve an amicable resolution much quicker.
Mediation also helps to give both parties involved more control over the process since a judge will not be making the final decisions. This is not the case when you go to court because if an agreement cannot be reached, a judge will ultimately make a decision on your behalf.
Both parties can also feel relaxed and calm as they will not be cross-examined or made to feel pressured by answering questions in a court room. This also helps to keep certain matters private that they do not wish to share in front of a judge or courtroom.
Cons of a divorce with mediation
Any outcome that is achieved during mediation is not legally binding. Unfortunately, this means the court still has to be involved to some degree as parties will need to submit an application to the court with an agreed draft order to request the approval of the court in order to make the agreed outcome of mediation binding.
It is also not guaranteed that parties will reach an agreement during mediation. This can be particularly frustrating and may result in parties having to go to court anyway. As a result of this, parties will have to pay for both the costs of mediation and the court fees plus any solicitors fees.
The pros and cons of a divorce without mediation
Some couples may choose to skip mediation altogether, and this in itself comes with its own advantages and disadvantages to consider.
Pros of a divorce without mediation
If you know mediation will not work for you and your ex-partner, skipping the process can help to eliminate unnecessary costs and reduce the amount of stress during the divorce.
If you are able to reach an agreement either directly with your ex-partner or through solicitors, it can reduce the amount of time it takes to finalise your divorce since mediation usually requires multiple sessions. However if an agreement cannot be reached, it can take 12-18 months to deal with matters in court.
Cons of a divorce without mediation
Without meditation, couples don’t have the opportunity to share concerns and wishes in a neutral and calm environment. Going straight to the court means divorcing couples don’t have the same opportunity to discuss issues in order to reach an amicable agreement, instead they run the risk of the court making the final decisions for them.
Going straight to court without the use of mediation can cause costs to rise extremely quickly, especially if there are a lot of issues that need to be resolved through the courts.
The court may also refuse to deal with the case unless the parties attempt mediation.
How to know if divorce mediation is right for your situation
Knowing if mediation is right for you really depends on your own personal circumstances and the relationship you have with your ex-partner.
If you and your ex have ended the relationship on amicable terms and you can communicate respectfully to each other, then mediation is likely to be a great choice for you. Mediation is also great if you’re looking to save time and money during the divorce process.
However, if you have a particularly complex case or you are unable to discuss matters calmly with your ex-partner or if there has been domestic abuse, then mediation might not be the best solution for you.
The role of a divorce solicitor in mediation
A specialist divorce solicitor will help you during mediation by providing you with specialist legal advice. They can help to guide you through the mediation process, outlining what you should expect, what is a fair division of assets and what outcomes you could expect to see if your case went to court.
At VM Family Law, our expert divorce solicitors can help you through your divorce process, including through mediation processes. We will always explain what is reasonable for your situation, as well as helping you with more specific issues such as financial settlements and child arrangements.
For more information on how our team can help you through your divorce and mediation, get in touch with our friendly team today.