Figures show that a properly mediated case during the divorce process can save up to 75% less for the parties involved. They also take much less time; on average, mediated cases are resolved in 110 days, whilst non-mediated cases take 435 days to come to a conclusion.
So what is involved in the mediation process?
Mediators are trained, neutral solicitors that aim to help resolve any disputes during a divorce. One side may seek out a mediator or their solicitors may refer them, but in any case with court proceedings it is now compulsory for the couple to attend mediation. There are exceptions to this rule, with an obvious one being in cases of domestic abuse.
Once a mediator has been consulted, they will explain the process to both parties and seek to hold the first meeting. This meeting will be the the first step in the family mediation process, and will act as the mediators chance to assess the problems and needs of each party.
Going forwards, more mediation meetings will be scheduled to discuss issues such as finances, property, child custody and arrangements. The aim is to find a set of proposals that both parties find acceptable.
Once the details have been worked out, any issues have been resolved, and an agreement has been reached, the mediator will begin drafting a final summary of the proposals. A copy of the summary will be sent to each person. A mediator cannot prepare the court documents to make the set of proposals legally binding. This is the job of each person’s solicitor, which is why it’s important to retain the legal advice of an experienced and knowledgeable solicitor both during and after the mediation process.
The alternative to mediation is following the collaborative law process. In collaborative family law, each person appoints their own solicitor to help negotiate and provide legal advice. Similar to mediation, each party will meet to find a set of agreeable proposals, except there will be no neutral mediator, and both side’s solicitors will be present instead. If an agreement is reached during the collaborative process, the solicitors will work to put it into effect, and can prepare the court documents to outline what each side agrees to as part of the divorce.