The cost of family breakdown is not only financial. Often divorce is considered to be more stressful than bereavement or redundancy and can not only have a devastating effect on the couple, but also those closest to them; their children, grandparents, and extended family. A typical divorce settlement can take more than a year to negotiate, during which time the family assets are used to pay for two homes, two sets of Solicitors/Lawyers as well as associated fees.

According to the National Audit Office "Family disputes that are resolved through civil mediation (via professional family mediators or divorce mediators) are cheaper, quicker and, according to academic research, less acrimonious than those that are settled through the courts. Despite these advantages only 20% of people opt for mediation.”

The National Audit Office found that “over 95 per cent of cases settled through mediation were resolved within 9 months and all within 12 months. However, only 70 per cent of cases completed by non-mediation routes were settled within 18 months."

What is Mediation?

Mediation is a form of alternative dispute resolution (ADR) and is a way of resolving disputes between two or more parties. Mediators are trained to help people resolve disputes whilst remaining impartial. They will help you identify issues of conflict and help you and your partner resolve them. Mediators will not take sides in any dispute and will not give advice on individual position to either of you. Mediators will usually recommend that you each obtain legal advice alongside the mediation process.

Mediation is private and confidential. It has a structure, a timetable and dynamics which often lack in ‘ordinary’ negotiations which is why mediated disputes arefrequently resolved much faster than non-mediated cases.

Mediation assessment

It is the Mediators role to find out whether mediation is suitable for both of you, as not everyone is ready for mediation at the same stage when separating. This is completed during an initial assessment/information meeting when your concerns and questions can be addressed and the mediation process can be explained to you.

The mediator will also confirm, at this stage, whether or not you are eligible for free publicly funded mediation (previously known as Legal Aid) and explain charges if you are not eligible.  Please note that we at QualitySolicitors Oliver & Co do not undertake publically funded mediation at this stage.

The mediator will then contact your partner and have the same conversation with them.

Next steps

Once both parties are in agreement to use mediation a further meeting will be scheduled at which you may discuss arrangements for children, financial and communication issues, as well as considering options. The mediator may also be able to suggest further help, such as financial advice or support for your children.

Once you and your partner have agreed on proposals the mediator will prepare a summary of them together with a summary of the financial information which will be sent to you and your partner to discuss with your Solicitor. If you are both happy with the proposals then your Solicitors will convert the summary into a legally binding document and complete the necessary implementation.

If you would like to discuss this matter or obtain further information on Mediation, then please contact Alison Wright, who is a qualified Family Mediator, on 01244 354767.