Considering Divorce Mediation Over Litigation
Divorce is undoubtedly a painful process that marks the end of a long-term commitment in just a matter of weeks or months. It's a phase filled with anxiety and depression for all parties involved. When it comes to finalising a divorce, privacy and confidentiality are crucial, which is where mediation comes into play. Mediation provides couples with the opportunity to maintain control over their decisions and seek assistance in resolving issues related to divorce, child custody, spousal support, and division of property. A mediated settlement can be recorded in an agreement, providing a safe space for couples to safeguard their arrangements.
Do you know that if you want to take your case to court then, in most cases, you will have to attend a MIAM (Mediation Information & Assessment Meeting) before making an application. The mediator will tell you about the mediation process and other options for reaching agreements. If you are eligible for legal aid, The MIAM and mediation sessions which follow will cost you nothing. You can find about more about the mediation process by watching this video produced by the University of Exeter.
While there are no shortcuts to resolving marriage issues, divorce mediation has emerged as a highly effective method that allows couples to work together privately and discuss their separation behind closed doors. Divorce mediation in the UK enables couples to prioritise the interests of their family, finances, and future plans.
Now, let's talk about litigation!
This term refers to the resolution of disputes through legal proceedings when an agreement cannot be reached through mediation or other alternative settlement options. Litigation involves a complex and lengthy process to arrive at a resolution.
So, why should you consider mediation over litigation?
If you're going through a divorce or contemplating legal options for separation, mediation offers numerous advantages and simplifies the complexities involved. Many couples are choosing divorce mediators over divorce solicitors in the UK for various reasons. Mediation is known for being a stress-free, fast, and efficient process. It's worth noting that a majority of cases are settled out of court during the pre-litigation phase, either through mediation or other forms of legal assistance.
Advantages of considering Mediation Services
Going through a divorce is not at all easy. You have to go through a stressful phase that could be responsible for sleeplessness, hopelessness, and many other negative thoughts. If you want to deal with it, you would require actual work on your part. Dissolving marriage still comes with various practical concerns, a process of signing papers, making decisions, and moving on. There are some ways to heal yourself and go through the process while not having negative psychological effects and economical implications.
Mediation is one of the best ways which provides both parties mutually satisfactory settlement. Mediation leads to negotiation and settlement while the ultimate decision-making power is still reserved with divorcing parties. There are many reasons to consider mediation because of various advantages and some of the are listed below:
Tailored And Flexible Solutions
In mediation, you have the freedom to discuss and negotiate terms that suit your needs. Unlike in court skirmishes or litigation, there is no bias or determination of right or wrong. The mediator acts neutrally to resolve issues and create a comfortable environment for discussion. You can bring up new issues and explore feasible solutions together.
You Can Still Go To Court Or Seek Legal Advice:
Mediation is not a final destination. If you feel that going to court is the best course of action, you are free to pursue that path. Whatever is discussed during mediation remains confidential, and you and your spouse can still present your issues to a judge if needed. Mediation offers flexibility, allowing you to consult with your attorney during the process.
Faster Resolution:
One of the most significant benefits of mediation is the speed at which the process can be concluded. Unlike the lengthy procedures associated with hiring divorce solicitors in the UK and waiting for a family court judge to handle your case, mediation allows you, your spouse, and the mediator to determine the pace of the resolution.
Cost-Effectiveness:
Litigation often incurs substantial legal fees, especially when dealing with issues like custody, child support, marital property, and alimony. In contrast, mediation typically involves splitting the fee of a mediator, who can be an attorney or a professional trained in mediation. This cost-sharing approach can be more affordable compared to the expenses associated with court proceedings. If needed, you can also hire a mediation professional to guide you through the process if you find representing yourself challenging.
Control Over Schedules:
When pursuing litigation, you have little control over court schedules, which may clash with your personal commitments. Mediation services allow you to schedule meetings based on your availability and convenience. You and your spouse can decide on a specific time, even after work, making it easier for individuals with daytime jobs to participate.
Building a Positive Post-Divorce Relationship:
Litigation often leaves couples on bad terms, fostering lingering hostility and resentment that can persist even after the divorce. Mediation provides an opportunity for a smoother co-parenting relationship and a chance to nurture your child in a positive environment. By reaching agreements through mediation, you can lay the groundwork for a happier future.
Control Over Outcomes:
With mediation, the decisions regarding your future are in your hands, rather than being left to a judge with limited time to consider each situation emotionally. You are free to actively engage in the discussion and find prompt solutions that align with your preferences.
Before You Go To Mediation:
Before embarking on mediation, it's essential to determine the right time to approach a mediator and make the most of your efforts. Identify the areas of disagreement and consider what you want to achieve through mediation. For instance, if it is about money, you will need to have a financial disclosure form before you contact a professional for divorce mediation in the UK.
Some mediators need bills and bank statements before meeting their clients for a first appointment. Not every mediation is the same. There are three main types of mediation that you and your spouse may need to go through:
- Facilitative Mediation: Spouses are in the same room. The professional diffuses tension and fosters constructive discussion.
- Evaluative Mediation: The mediator clarifies the situation. He listens to concerns, thoughts, and needs of both of you and helps resolving the disputes by illuminating the bigger picture. The process is responsible to evaluate each aspect before separation.
- Transformative Mediation: It focuses on complex conflicts and their solutions. You can address your bigger issues making legal matters easier, almost trivial. A neutral mediator can help you in divorce legal advice in the UK to reach agreements associated with several concerns.
How To Find The Best Divorce Mediation In The Uk?
If you're looking for the best divorce mediation services in the UK, consider Legateca. We are a leading platform that simplifies the mediation process, connecting you with highly experienced and skilled mediators. We offer affordable flat-free fees per session, and as a special offer, you can avail of our first free video consultation to experience how our mediation services can work for you. Our team of professionals provides thorough attention to your matters, ensuring a smoother resolution. Join the countless individuals who have benefited from our exceptional services and contact us today!
We are eager to hear from you!