Good Divorce Week takes place from 28 November – 2 December 2016. Bath based solicitors Mogers Drewett reveals some tips for those considering mediation
As a member of Resolution, a national organisation of family law professionals, I am passionate about their ethos and values. The organisation promotes a constructive resolution to family matters.
This is apparent in their most recent public campaign – Good Divorce Week, which runs from 28 November – 2 December 2016. The aim is to promote discussion about whether it is possible to have a good divorce. This includes raising awareness of ways to resolve family disputes in a constructive way (known as dispute resolution ‘DR’ methods).
Mediation is one such DR method, and involves you and your partner sitting in a room (or in separate rooms if this is more comfortable for you) together with the mediator to try and work through issues you aren’t quite able to directly. This can include care arrangements for your children and/or how to sort out your finances.
Mediation is based on a number of principles. The first is that the mediator is a neutral party who does not take sides. The role of the mediator is to help you to manage your discussions, work through them and find solutions; ensuring both parties are on a level footing and their views are heard.
Secondly discussions within mediation are confidential (bar limited exemptions). Finally, the mediation process is voluntary, therefore, if at any stage you do not feel comfortable, there is no obligation to continue.
When a couple think about separating, one of the first ports of call is often a family solicitor. Rules require a couple to mediate before making a court application (few exemptions apply) and as such this can be seen as a last resort if other DR methods have broken down.
As both a family solicitor and mediator, I would like to see mediation being considered at an earlier stage by a couple.
The benefits of mediation are wide-ranging and include:
- Time – as you and your partner meet with the mediator together, often much can be achieved in these sessions.
- Cost – meditation is often seen as one of the most cost-effective DR methods.
- Bespoke family solutions – the process allows you and your partner to set the agenda, and discuss solutions that work for your family’s unique needs. The mediator will help ensure that solutions are reality tested.
- Longevity – agreements reached at mediation can last longer due to the fact the couple reached the solutions together, and because the solutions work for your family. If at any point in the future, arrangements need to be re-considered due to changing needs of say a child, a couple can choose to re-engage in the process.
- Maintaining relationships – due to the constructive nature of mediation, a couple can be more likely to maintain a relationship post-separation. Something that is even more important when a couple have to continue to co-parent together.
If you would like to discuss mediation, or any DR method, please contact Victoria Strode, associate solicitor and family mediator on:
Bath – 01225 750014
Wells – 01749 342323
Email – vstrode@md-solicitors.co.uk
Visit: md-solicitors.co.uk
The post Mogers Drewett backs Good Divorce Week appeared first on The Bath Magazine.