Within family law, mediation is used as part of alternative dispute resolution (ADR) between two partners or a group of people.
Mediation can help couples reach agreements without the involvement of the courts. As part of the mediation process, an independent, impartial advisor or mediator will endeavour to find a solution to the disagreement.
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Mediation offers many benefits over traditional court proceedings. To begin with, it is often much more cost-effective and less time-consuming than starting legal proceedings, which require the dispute to be taken to court.
Flexibility - Mediation is comparatively faster and offers more flexibility for all parties involved. A couple may, for instance, decide to review all aspects of their dispute and come to agreements on various points ranging from childcare arrangements to the distribution and division of monetary assets and joint property.
Outcome control is another important factor in the mediation process. In a divorce, the courts will decide on the outcome of the dispute. However, in mediation, you can work on a possible solution with your mediator and partner.
Confidentiality - Mediation can occur in a private setting without any potential public attention being raised, which may happen with public court proceedings.
More casual - Usually more informal in structure and carried out in a setting of your choosing with limited attendees, mediation provides a more relaxed, less formal alternative to the traditional court setting, which may be more comfortable for some participants.
The mediation process can help find solutions to various issues within a family or couple’s dispute, including:
Child and spousal maintenance
Division of property
Distribution of monetary assets
In the context of family law, you may choose to take advantage of mediation services if there is a relationship breakdown between you and your partner. You may also feel that communication issues between you and your partner would benefit from a specialist impartial mediator to help you find a mutual agreement.
Mediation in the UK is not a legally binding process. Professional mediation may result in a mediated agreement, also known as a mediated settlement, between two or more parties. To turn this mediated agreement into a legally enforceable document, the agreement would be embodied into a ‘Consent Order’ which would have to be approved by a Judge.
At Lund Bennett Law, we have a team of highly qualified mediators specialising in family law. If you have a query regarding mediation and you would like to know more about how we can support you, please contact our team on 0161 924 0079 to see if we can help. Alternatively, you can get in touch via our contact form.
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