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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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