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When you are considering divorce or separation it is
generally better if you can sort out arrangements for
the future by agreement. The aim of mediation is to help
you, as a couple, find a sensible and practical solution
that you both agree is “fair”.
Couples often use mediation as a way to explore and
discuss issues between them, with the assistance and
guidance of an impartial mediator. Once consensus is
reached your lawyers can advise upon the appropriate
legal formalities which may need to be taken to ensure
that your agreement is legally binding. Your lawyer can
also, if necessary, provide you with partial advice in
between mediation sessions so that you feel properly
informed and at ease during the mediation negotiations.
However, because many issues are resolved during
mediation, couples often find that they save a great
deal in legal costs by opting for mediation first.
Resolution mediators undergo thorough training and are
specialist family lawyers. The majority of Resolution
mediators are practising solicitors. By seeking the
assistance of a Resolution mediator, you will benefit
from his/her mediation skills and an in-depth knowledge
of the law. This can be invaluable in all areas of
dispute; issues about where and with whom children are
going to live; financial matters; divorce and separation
issues; in fact the whole range of family disputes.
Resolution mediators usually mediate alone, but can, if
you prefer, mediate in tandem with another mediator.
Sometimes, the other mediator is also a trained
counsellor which can be very helpful when child issues
are being discussed and when emotions are running high.
Resolution mediators are trained to ensure that
discussions take place with each person feeling able to
negotiate on an equal footing. Couples are encouraged,
in mediation, to set an agenda and will be assisted by
the mediator in providing a focus and structure to the
discussions.
If issues regarding children are being discussed in
mediation, a couple may need to attend 3 or 4 mediation
sessions (which usually last an hour and a half). There
is no minimum or maximum number of sessions – it depends
on your own particular circumstances and the issues to
be decided upon.
If financial matters need to be resolved, you and the
person with whom you are attending the mediation
sessions, will need to provide full information about
your financial circumstances and the mediator will give
you guidance and documentation to help you to do this.
You may also wish to involve your solicitor at this
stage. Mediators encourage this. Couples who use
mediation to assist them in resolving financial matters
often attend 5 or 6 mediation sessions.
Mediation can result not only in a saving of legal fees,
but can ultimately help to reduce hostility, tension and
misunderstandings between couples. This, in turn helps
to foster better communications and relations in the
future, which is so important to many couples,
especially those with children.
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