Divorce is a turbulent time and process for everybody involved, and can be something that puts a lot of strain on all of your family.
VM Family Law understands that you need professional support to ease you through the process, removing as much stress and admin as possible from your shoulders.
Our divorce mediation services are a great way for us to do this, as mediation is designed to help you and your former partner reach an agreement on property, finances and child arrangements without needing to go to court.
Divorce mediation services
Our divorce mediation services mean that we’ll be able to provide you with expert legal advice to assist you during mediation. Our goal with this service is to take an element of pressure away from you, by avoiding the lengthy court process and focusing on reaching a mutually beneficial and fair agreement.
Mediators can facilitate negotiations between you and your ex partner but they cannot provide either of you with legal advice and this is where we come in to assist you during the mediation process. Our expert legal advice is particularly beneficial when attempting to resolve issues surrounding finances, property and child custody, but it’s usually only possible to mediate where there is at least some willingness to cooperate from both parties, even if communication isn’t perfect.
Mediation is often less expensive, time consuming and stressful than taking your situation to court.
Find out what you can expect during divorce mediation.
What is a divorce mediator?
A divorce mediator is a neutral third party individual who facilitates meetings and amicable conversations about how certain assets and issues are divided and solved during a divorce.
This person must be a highly trained professional, capable of guiding the couple towards an informed decision which should work for everybody.
It’s important to note that because divorce mediation must be entirely neutral, the mediator does not act as a legal representative for either party. So, whilst they may provide valuable information and clarity surrounding legal proceedings, they can’t provide direct legal advice.
How does divorce mediation with a solicitor work?
Divorce mediation with a solicitor involves a few steps, helping you to reach an amicable and mutually beneficial agreement:
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- Mediation information and assessment meeting (MIAM) – An initial individual meeting between one party and a third party mediator to assess the situation and gather information, as well as discussing goals.
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- Mediation sessions – Joint sessions (usually 2 – 5) in which your mediator will facilitate discussions in which both parties may express their views, arguments and concerns, looking at potential solutions. This could be through traditional mediation, where solicitors can provide advice to clients outside of sessions, or solicitor-led mediation, in which solicitors attend the sessions, offering support and advice throughout (there is also hybrid mediation, a combination of both).
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- Reaching agreements – Following your sessions, hopefully you will have have reached solutions to all of your issues (divorce financial settlements, and arrangements for children between yourself and your former partner. At this point, your agreements are not legally binding, as they have not been formalised by a consent order.
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- Formalising an agreement – Usually through a consent order which cannot be prepared by a mediator and therefore you should seek expert legal advice from a family law solicitor who will be able to draft the legal document required to make the agreement legally binding. Your solicitor is able to advise you on how reasonable and fair this agreement is before it is made binding, to ensure it is indeed in your best interests to proceed as discussed in mediation.
- Formalising an agreement – Usually through a consent order which cannot be prepared by a mediator and therefore you should seek expert legal advice from a family law solicitor who will be able to draft the legal document required to make the agreement legally binding. Your solicitor is able to advise you on how reasonable and fair this agreement is before it is made binding, to ensure it is indeed in your best interests to proceed as discussed in mediation.
When to consider using mediation
Mediation should mainly be considered when:
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- You wish to determine the split of assets, finances, property and child care/support
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- You want to avoid the stress of court
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- There is some level of cooperation and communication between the parties
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- You want to maintain a cooperative relationship
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- You want to avoid the costs of court
Whilst mediation is often the better choice for those going through an amicable (or at least somewhat amicable split) in situations where there is a power imbalance, domestic abuse, difficulty communicating, one party unwilling to fairly communicate, or serious mental health worries, it is unlikely to be a good choice.
Mediation is typically easier and more convenient than court, but only assuming both parties properly cooperate with the process.
It should also rarely be considered in situations where there is a history of domestic abuse. If you find yourself in this scenario, we’d recommend you speak to our domestic abuse solicitors imminently.
How long does the divorce mediation process take?
The divorce mediation process usually takes around 2 – 4 months, but it does depend entirely on the level of cooperation and the complexity of your split. Ideally, you’d only need 1 or 2 sessions (each lasting 1 – 2 hours), but if you can’t come to an agreement this quickly, you’ll need more mediation sessions.
In almost all cases however, mediation is still much quicker than standard court proceedings, which can take around 12 months.
How is the divorce mediation process different to traditional court proceedings?
Divorce mediation differs from traditional court proceedings by attempting to maintain voluntary collaboration, rather than requiring either party to be legally ordered to give up property or assets by a judge. The goal is to empower you and your former partner to maintain teamwork, saving time, stress and money in the process, whereas traditional court proceedings will involve proposing legal arguments and providing extensive evidence in order to try to win your case.
Divorce mediation with the help of an expert family law solicitor might be the right solution for you if you’re looking for a quick, easy, flexible and collaborative split from your ex-partner.