The Benefits of a Mediated DivorceAuthor: Dan Barrowclough
The Benefits of a Mediated Divorce
In a situation where a marriage has irreparably broken down, more and more couples are turning to mediation rather than a long-winded, hostile divorce standoff. This article will explain what Mediation is, as well as the benefits it can offer
What is Mediation?
40of marriages end in divorce. It\'s sad fact but true none the less. Often, the divorce process is a long, drawn out and bitter affair. It doesn\'t have to be like this though; if amicable, the separation process can be legally simple and far less stressful, time consuming and expensive.
A mediator is an independent third party that acts as a neutral negotiator throughout divorce proceedings. A mediator differs in attitude from a lawyer or solicitor as they do not act on behalf of either side, but handle the situation in an unbiased way.
The role of a mediator is to listen, encourage discussion, and then draw both sides into a sensible, pragmatic and fair agreement. This is the best way to ensure that all involved parties are satisfied, including the courts.
It is important to note that mediators do not serve as marriage counsellors or therapists and that their sole goal is to end the relationship in an amicable, satisfying manner, not to repair broken marriages.
The benefits of mediation
Mediation has a number of benefits when compared to traditional divorce litigation, including:
Reduced hostility – In divorce it is all too common for solicitors and lawyers to fire off stern-sounding letters to each other for a prolonged period of time. While it is debateable whether that actually achieves anything, it isn\'t debatable that this will certainly increase hostility. The very nature of mediation encourages communication in a neutral environment, while it is unlikely to be pleasant, most people would prefer it to a battle of the solicitors situation.
Increased Confidentiality - Mediation is a confidential process. In court, there is a reporter recording every word spoken and as a result, it can be easy for others to find out exactly what is being said in a courtroom, which could end up with your personal and private matters being aired in public. This isn\'t the case with mediation. The whole process is a private matter. If the mediation fails, your soon-to-be-ex partner isn\'t able to use anything said in previous mediation meetings as evidence in court
Lower costs – Mediation fees are typically lower than solicitor\'s fees, so cost savings are often a motivating factor in regards to choosing mediation. The cost difference has potentially increased greatly over the past months; this is due to the reassessment of the legal aid rules. As of April 1 2013, divorce cases not involving abuse will not qualify for any legal aid, meaning all costs must be paid by the divorcees.
While this may seem like a disadvantages section, I can assure you that this isn\'t the case. The point of this final section is to clarify some common misconceptions about mediated divorces.
The agreed outcome mediation in legally binding – It\'s not. At least not automatically. In order for the outcome of a mediation to be legally binding, it must be written in a legally binding manner. Doing this sally requires the services of s solicitor.
Mediation ends in a settlement being reached - Mediation doesn\'t always end in a settlement. Because mediation is a voluntary procedure, it requires the cooperation of both parties to progress. If one or both of the parties decides that the process isn\'t helping them, they do not have to continue. This means that after trying mediation you could end up back in the litigation process that you wished to avoid originally.
This article isn\'t written by or affiliated with any law professionals. As always, none of the above constitutes legal advice. Having just been through a divorce, I can recommend Mundays. Mundays are a Surrey Family Mediation firm with a friendly, experienced team.