Can Mediation Help in a Divorce?
Whether you have decided to divorce or separate informally you will want to agree the terms of the separation with your partner. Mediators are professionally trained advisors who will help you and your partner agree on division of property and childcare quickly and painlessly, so hopefully you will not have to incur huge legal costs. They provide a safe, neutral and confidential environment in which to discuss practical issues.
What the Mediation Process Involves
The first mediation session will determine what the main issues are. You and your partner should both draw up a list beforehand of matters you want to discuss and your respective priorities. Decide in advance where your limits are on specific issues and how flexible you are willing to be. Notice the likely points of tension.The mediator will aim to create an organised and constructive environment in which these matters can be discussed and settled. They will also present you and your partner with options you may not have considered.
The mediation process usually lasts 3-5 meetings, depending on the couple’s circumstances and the complexities of the separation, after which time you should have an agreement with your partner.
Research shows that mediation improves communication and helps you build for the future in your new circumstances. In particular it can help your children maintain their family relationships.
Mediation will not result in a legally-binding agreement, but will help you settle the terms of your separation. You can then have a separation agreement or divorce petition and related order applications drawn up by lawyers.
What Can be Mediated?
- Contact arrangements between the couple
- Where the children will live
- Parenting
- Maintenance payments
- Child support
- Finance
- Holiday arrangements
- Property
- Sharing possessions
- Pensions / Endowments
- Settling of debts
- Wills and probate
- Re-establishing contact
- Care of older relatives
- Education
The Costs of Mediation
At the start of the process, the mediator can assess whether you are eligible for aid. Mediation is free to those on low income who are eligible for public funding.For more information and a list of local centres, visit the National Family Mediation Service web site.
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