Mediation is a great tool to resolve your disputes in a civil manner and without the need for court proceedings.
The mediation process involves two parties sitting down with a qualified mediator who will encourage discussions to help both parties reach a mutually beneficial agreement on whatever the issue may be.
Family Solicitors and Mediation Experts
At AWH Solicitors, we specialise in family mediation and have an excellent track record in resolving disputes amongst family members, whatever the issue may be.
In which situations could family mediation be used?
Generally speaking, mediation can be used for all non-criminal disputes, including workplace conflict and disagreements between neighbours.
However, in terms of family mediation, such services are best suited for people going through:
- Divorce and separation issues, where mediation could help you and your partner agree on how finances and assets will be shared, consequently eliminating the need to go to court
- Child custody and parenting battles. Our family law solicitors are specially trained to support children and act in their best interests during difficult family matters
- Disagreements over the rights of grandparents
- Family business disputes
- Inheritance battles
- Extended family conflict
- Disputes over elder care
How does mediation work?
Upon attending your first mediation session, a specialist mediator will sit down with you and any other parties to firstly fully establish the facts of your case.
Once the mediator has determined what you would like to get out of the sessions, you can expect them to put forward a range of proposals, questions, offers and counter-offers, however they will never make decisions or suggest solutions on your behalf.
Bringing issues to light
The idea behind mediation is that by bringing your issues, concerns and opinions to light, you will gain a greater understanding of your situation and of the concerns of the other party, so the most suitable outcome will become clearer to everyone involved
The amount of sessions you attend in order to reach an agreement will depend significantly on the issues in question and your relationship with the other party.
If a mutual decision is reached a solicitor will draw up the agreement in a contract. This contract must be signed by both parties in order to confirm consent and understanding of the terms involved.
If any of the terms are broken, the offending party can be taken to court for a breach of contract.
The benefits of mediation
Aside from the most obvious benefit of keeping your case out of court, which will save you time, money and hassle, mediation also offers you a greater amount of control over decisions that will undoubtedly be very personal to you.
When disputes do need to proceed to court, especially over asset sharing after a divorce, a judge will make the final decision over who gets what. Those decisions may not be made in your favour.
Mediation gives you the opportunity to address your true feelings in a safe and confidential environment to an experienced mediator who will offer you legally sound advice in return.
Why separating couples can benefit from expert mediators
Mediators are trained to make you feel at ease and will be there to handle any conflict that may arise during the mediation sessions.
In some cases, you may find that mediation exposes you, or your ex, to a completely new and unexpected perspective. This would be a great outcome for most couples as it could mean that no further legal action is required.
In the unfortunate event that mediation is showing to be unsuccessful you will be under no obligation to continue with your sessions. However, you will likely find that the courts are likely to handle your case more favourably as a result of having attempted mediation first.
Considerations Before Starting Family Mediation
Choosing the Right Mediator
You must be able to trust your mediator, which is why at AWH Solicitors can help you find a mediator that is right for you.
Know when the Time is Right
In nearly all cases, we highly recommend that you attend mediation as soon as possible before issues have the time to escalate.
However, you should avoid rushing into sessions with the intention of getting the problem sorted as soon as possible; you must dedicate the time to finding a mutually beneficial solution that won’t come back to haunt you in the future.
This might mean collecting necessary evidence to prove your side of the case or even simply planning what you would like to address.
You should also prepare to have your wishes compromised, as no amount of mediation would be successful if neither party is willing to make sacrifices.
The Benefits of using a Family Mediator
Mediation can be a tool to help you mend fences and break down barriers between you and your ex-spouse.
Depending on your situation it may lead to new opportunities as a couple or otherwise steer both parties towards an amicable divorce, without the need for court proceedings and lengthy emotional negotiation sessions between the parties.
We strongly recommend each separating couple to consider the options mediation may be able to bring if they could feel they would benefit.
Contact AWH Solicitors for Advice on Mediation
Our solicitors can help you connect to the mediator that is right for you. We understand the importance of these mediation sessions, so you can be assured that the advice you receive is of the highest standard.
Throughout your separation and divorce our solicitors will stand by you to ensure the process is as smooth as possible.
Mediation services are priced based on your requirements. The price for this service will strongly depend on what support you will require.
Mediation is often considered during divorce.
Please be aware that cost may differ depending on your personal circumstances.
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