18 May Why Choose Mediation?
Why choose mediation?
Sometimes when dealing with our own emotions it can be difficult to consider the feelings of our former partner or spouse and how any decisions reached will impact upon them and any children involved.
Mediation can be used to assist individuals with matters relating to child arrangements, divorce proceedings and/or financial matters by opening a dialogue with your ex-partner/spouse and discussing matters together and agreeing a plan which works for the whole family.
One of the main benefits of the mediation process is that as mediators we recognise that as parents you are best placed to make decisions for the benefit of your family. The mediator’s role is to facilitate those discussions and help you to consider how those decisions will impact upon you both and most importantly the children.
If you are able to reach a successful outcome in family mediation then the mediator records any agreed proposals in a document called a memorandum of understanding. Any financial information provided will be recorded in an open financial statement. This documentation is then sent to you, your ex-partner/spouse and any appointed legal representatives. In financial matters, with both parties consent your legal representatives can use the documentation to draft a legally binding document. In divorce proceedings, this will then be submitted to Court for approval without the need to attend Court.
Choosing mediation can therefore avoid contested Court proceedings, meaning that you and your former spouse/partner retain control of the decision making power rather than handing it over to the discretion of a Judge.
There are many other advantages of choosing mediation as opposed to going through lengthy and expensive process of Court proceedings, such as:
- Lower legal costs;
- Helps reduce hostility between parties;
- Focuses on the interests of the child, helping you to work together as parents;
- Helps improve communication and look to the future, not the past;
- Less stressful process;
- In most cases, mediation takes place face to face so you hear each other’s views and speak directly, rather than correspondence through solicitors; and
- Allows you to create a completely flexible and bespoke set of proposals, tailored to fit your family’s particular situation.
In circumstances where mediation does not reach an overall conclusion, it nevertheless helps both parties have a better understanding of the other person’s perspective and identifies the real issues in the case. Also in financial matters, each party can return to their respective solicitors with partially or fully completed financial disclosure which reduces the amount of work the solicitors need to carry out thus reducing time and costs.
Check out our dedicated Consilia Mediation website for more information about both the process of mediation and our two experienced accredited solicitor mediators, Laura Clapton and Sarah Manning. Alternatively, you can give us a call on 0113 322 9222 for more information or email us at mediation@consilialegal.co.uk.
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