While it is possible to resolve many issues amicably, even separations that take place on good terms can have sticking points, and help is often required to make sensible short and long-term arrangements. At this stage, former partners are typically advised to enter mediation to reach agreements over the division of assets and arrangements for children.
How can family mediation help?
A mediator is an independent, trained, and experienced professional who helps both parties form an agreement on vital matters. Most commonly, this includes organising schedules for visitation, but a mediator can also facilitate financial arrangements such as child maintenance and spousal maintenance payments. They can also help make sure that each parent is financially secure by supporting discussions around savings, debts, and even the value of the family home if it needs to be sold.
Why should a separating couple opt for mediation?
The aim of a mediator is to help all parties reach agreements that allow them to move forward, creating a structure for future interactions in relation to children and dependants while also drawing a line under lingering financial matters.
A separation or divorce can be a turbulent time for both parents and children, with emotions running high and arguments not uncommon. Mediation is designed to encourage clear communication and problem-solving, even during the most stressful situations. Through mediation, both parents can address their issues and help their children through the separation process in a sensitive way.
Mediators do not hand down judgments or rulings, and they will not force either party into agreements against their wishes. Instead, they help all parties find a solution they can agree on before advising on how to make it legally binding.
What if I haven’t tried mediation?
It is important to bear in mind that a family court judge will expect former partners to have considered mediation before applying for a court date. Unless you can prove that mediation would not be viable due to domestic violence or other mitigating circumstances, the court can refuse to hear a case until mediation has been attempted.
What not to say in family mediation?
In family mediation, it is important to avoid negative or accusatory language. This includes refraining from blame, personal attacks, or making ultimatums.
The focus should be on constructive and respectful communication. The goal is to find a solution that works for both parties, not to win an argument.
Who pays for mediation in a separation?
The cost of mediation during a separation is usually shared between the parties. However, arrangements can vary.
In some cases, one party may pay more, or there may be external funding or legal aid available.
What can be discussed in family mediation?
A wide range of topics can be addressed in family mediation. This includes child custody, visitation schedules, financial support, and the division of assets and debts.
The aim is to resolve all relevant issues relating to the separation or divorce and ensure a fair agreement.
Is family mediation worth it?
Family mediation is often a valuable option. It tends to be more amicable, cost-effective, and quicker than court proceedings.
It allows both parties to retain control over the decisions affecting their future. This approach is often less stressful, particularly when children are involved, and promotes ongoing communication and cooperation.
If you’re in need of a mediator, compare legal service providers now on The Law Superstore.
