Family Disputes and mediation
For family disputes not only do courts want couples to try mediation but its becoming the most common option for couples to resolve any issues.
Family Disputes and using Mediation as a Solution
Mediation is can help in most disputes when you are unable to solve them alone.
How mediation assists in divorce
It is worth considering mediation if you are unable to sort some issues between yourself. Mediation involves talking with your spouse in the presence of a professional mediator. Mediation is different from marriage guidance or counselling which deals with emotions in a relationship. In fact, it assumes that your relationship has broken down and you are attempting to sort out the disputes with your children, partner, home, legal practicalities or finances. As a result of the relationship breakup, mediation looks at some ways of resolving the disputes. Nevertheless, it is perceived to be a way of avoiding the court process. Hence, it saves too much money, stress and time.
Are there winners and losers in mediation?
We offer shuttle mediation where you are in separate rooms. This can take away the stress of facing an ex-partner in the same room. This also is necessary when there has been domestic violence, abuse or control in the relationship. We will always ensure there is equal power balance in the mediation meetings.
Advantages of mediation
Mediation assists in reducing the stress, tension, misunderstandings and anger. In addition to that, it improves communication between the different parties involved. This is one of the greatest advantages of mediation as communication is very important when trying to reach an agreement. This is specifically important for partners if they have children as they need to corporate over the upbringing and care in the upcoming years.
Is mediation suitable for children?
Most of the children at a minimum age of six years will benefit from the mediation. The children are allowed to discuss their feelings with somebody outside the family. After discussing the feelings which include: sadness, fear, anger and abandonment, children will then get back to being children.
Is mediation suitable for me?
Mediation is suitable for people who are either single, married, do or don’t have children. At any negotiation stage, you will both feel that it could assist. A mediator is a trained person for creating and maintaining a sense of balance in the discussions. However, you can consult a solicitor for guidance if you there has been any issues involving domestic violence. If you want mediation yet you don’t want your partner to get access to your contacts, you can inform the mediator.
Do you still require a solicitor?
Some find it useful to retain a solicitor during the course of mediation for legal advice. You may arrange this at any point in the process. It’s important to make sure that the solicitor you choose specialises in family law. Because the lawyers are there, it will definitely be more expensive, but it can be useful if you feel nervous about negotiating or discussing issues. It is also useful if there are difficult legal issues to be resolved.
The expectation of the first mediation meeting
The meetings normally take place in a safe and private place. Usually, it is only you, your partner, and the mediator who are present. Since the setting is informal, only first names are normally used. During the mediation process, the mediator will ask you questions and you will answer them. Apart from that, you will be asked about issues which you may wish to discuss.
How many sessions would you expect during the mediation process?
Depending on the nature of the problem, generally, two or four sessions are suitable. Each of the sessions will last for about one and half hour. The mediation sessions don’t have a standard fee. A community legal service will also fund you if you are at a low wage or doesn’t have much savings or capital. It is vital to look for mediation if you are already receiving the funding for legal advice.
Is everything which is discussed confidential?
Unless you both agree, nothing will be passed on to a third person. But, if the mediator thinks that an adult or a child is at risk of harm or has already been harmed, he or she will stop the proceedings before taking necessary actions.
Advantages of mediation
Disadvantages of mediation
Mediation is very costly when it comes to emotional stress. It can be quite traumatic for the two of you to face each other. However, there is a lot which can be gained. If one of you had made all the decisions or held the pursue strings, you could feel at a disadvantage. But, the mediator will keep everything on a level ground. The major disadvantage will occur when the solicitor is not used to mediation process. The solicitor is the only person who can apply for personal circumstances to the law as well as deciding that mediation is equitable and fair.