Posted in Family Law
Couples looking for divorce lawyers in London will need to come to an agreement about how shared assets are split, make arrangements for shared financial responsibilities, and agree on custody agreements for any children resulting from the marriage.
In some cases these matters are settled in court with the help of divorce lawyers, however it can be much quicker, less stressful and cheaper to agree details of the settlement in a process called mediation.
What is mediation?
Mediation is a method of solving disputes in which the couple sit down with a trained mediator who facilities the discussion and make arrangements relating to childcare, finances and any other contested areas.
Mediation is not only used in divorce cases. It can be used to settle any kind of dispute such as arguments within families or between companies or individuals within a business. Divorce mediation may include only the partners who are separating or it may include other members of the family, such as children.
In a mediation session, the mediator observes the discussion and remains neutral and does not side with either party. While some divorce solicitor also offer mediation services, they may not provide advice to either party and so may not act as solicitor to either partner after the mediation process.
If an agreement is reached in mediation, it is put into writing in the form of a legal document called a consent order. This document is then filed at court.
Does mediation work?
Mediation can be very effective in cases where communication between the partners has not completely broken down and many divorce services offer it as an option. It is also advisable however for both parties to employ the services of a solicitor, who can give advice between mediation sessions.
If both parties cannot come to an agreement during mediation, it is normally necessary to go to court. This can happen if there is disagreement over details such as finances or if one party thinks that child arrangements are unreasonable. Mediation usually has a success rate of between 50 and 80%.