Mediation plays an important role within the justice system, and most notably in family disputes, whether this is regarding issues with money, property, or children.
You can always try mediation before you turn to a solicitor, as it is often a quicker, cheaper, and less stressful way of resolving disputes. Even if you do go to a solicitor in the first instance, they are likely to discuss with you whether mediation could be an appropriate course of action, as if you end up having to go to court to resolve your differences, the court will normally require you to prove you have either been to mediation or have attempted to engage in the mediation process.
The process
Although the mediator cannot give you legal advice, they can:
- Listen to both points of view, without taking sides.
- Help to create a calm atmosphere, which will hopefully enable you both to come to an agreeable outcome.
- Suggest practical steps to help you reach an agreement you are both happy with.
At the end of your mediation session, a mediator will write a ‘memorandum of understanding’ which you will both receive a copy of, this document shows what you have agreed.
Benefits
The main benefits of mediation are that it is:
- Completely confidential to both parties.
- Quicker means of resolution than lengthy Court proceedings.
- Helps to preserve relationships, by sparing families from the stress of a long contentious legal battle.
- Let’s the parties retain greater control over the outcome – whilst a solution isn’t guaranteed, as decisions made are not binding, a solution can be made by the parties at hand instead of by the court.
Funding
Whilst mediation is not free, it is quicker and cheaper than going to court. Since the 2013 legal aid cuts, the Ministry of Justice have now said 2,000 families will have access to an application for a £500 voucher towards the cost of mediation.
Check if you qualify for the Family Mediation Voucher Scheme at https://www.gov.uk/guidance/family-mediation-voucher-scheme.
How can we help?
If you are looking to instruct a solicitor about issues regarding your divorce, money, property or children, or would like to speak to someone about the mediation process and how it could benefit you, please call 01244 312 306 to speak with a family solicitor today.
