Mediation is a form of alternative dispute resolution. A mediator is a neutral third party who will meet with a separating couple and attempt to help them resolve financial or child related issues by agreement in the hope of avoiding the need to issue court proceedings.
Mediation can work extremely well if both parties are willing to commit to the process and to do everything they can to ensure its success.
Part of this commitment in financial settlement cases involves providing an honest and truthful account of financial circumstances.
If either party is unwilling to be truthful about their financial circumstances then mediation will fail. A mediator cannot force a party to provide financial documentation so if this is not given voluntarily then it would be necessary for court proceedings to be issued.
It is also important that both parties feel confident and comfortable about being involved in the mediation process. This may not be the case if the breakdown of the relationship was particularly difficult or if there was violence or emotional abuse in the relationship.
Mediation should not be viewed as an alternative to seeking specialist advice so it is important to seek legal advice throughout the mediation process. The reason for this is that the mediator cannot offer either party advice as to their legal position.
If mediation is successful and an agreement is reached then it is also necessary to record this agreement with the court to ensure that it is binding. It is important that you see your solicitor at this stage to have the documentation prepared.
While mediation is voluntary and it is not always appropriate, in most cases it is now compulsory to attend a Mediation Information and Assessment meeting before issuing court proceedings. At this meeting the mediator will discuss the process with you and advise if mediation is appropriate in your individual circumstances.
If you are considering attempting mediation then you should discuss this with your legal adviser.
For more information on receiving mediation during divorce, or to discuss any aspect of family law, contact Janine Hutson on 01772 258321 or janine.hutson@harrison-drury.com
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