The advantages of family mediation
Family break ups and divorces can be an extremely traumatic experience for everyone involved. If children are involved, the situation can get messy very quickly and have a long lasting damaging on the psyche of the minors. Even when the divorce, separation or break-up is mutual, there are many aspects to negotiate and consider, from division of assets to custody of children. The very discussion of these issues can lead to a breakdown in communication, which makes an already difficult transition even more traumatic.
This is why, in April 2011, the Ministry of Justice ruled that all parties considering any kind of separation or divorce must undertake mediation sessions, before the case reaches the court. Also termed ‘Mediation Information and Assessment Meeting’, or MIAM, this measure aims at getting the parties to agree to an out of court settlement that is unanimous and to everyone’s benefit. If an agreement is not reached (which has to be verified by the mediator), then the case goes to court.
We, at Just Divorce Mediation, offer professional, expert mediation services to help you resolve family separation issues. Mediation is essentially a process through which the contesting parties discuss their issues in the presence of a mediator, a third party professional who is completely neutral. The goal is to resolve the issues and come to an agreement about various issues, without the help of the court. Mediation offers many advantages.
Here are just a few:
• This is a quick and cost-effective way of resolving family issues. A court case can prove to be very expensive because of the numerous legal costs, lawyers’ fees etc. It most likely will get dragged on for many weeks, perhaps even months. Mediation can offer a resolution in a matter of 2 or 3 sessions.
• Our mediators are trained professionals, who know just how to create a calm, cool environment for discussion and how to direct the conversation forward rather than backwards. Though they do not offer legal advice or indeed any form of advice, their goal is to help the parties reach a resolution on their own.
• The decision reached at the end of mediation sessions is completely mutual and voluntary. It is much easier to adhere to a mutually agreed upon decision, as opposed to a legal mandate issued by a judge.
• Neutral mediators take no sides and are completely impartial. They can offer separate sessions as well, if so desired, as well as virtual sessions. They protect the privacy of each party at all costs, and any issues discussed are ‘no prejudice’ i.e. they cannot be used as legal evidence in court.
• Mediation is much less traumatic for children, as it does not involve rigid and formal structure of the court and focuses on finding resolutions.