Mediation Solicitors: How they can help you in a divorce

Mediation solicitors can help to reduce the stress of the divorce process.  Going through a divorce can be an extremely emotional and stressful time. The tough decisions that have to be made with regards to finances and childcare, only add to the notoriously painful process.

The majority of people going through a divorce would prefer to avoid the sometimes costly and time-consuming affair, of going to court in order to reach a financial settlement and decide on arrangements for any children involved.

Mediation is designed to help couples reach an agreement about these essential issues, without going to court with the guidance of mediation solicitors.  We believe despite the re-conciliatory approach of mediation, it is wise to seek independent legal advice from mediation solicitors who special in divorce law. Mediation solicitors will be in a position to advice you before you commence mediation ensuing you are fully prepared.

What is mediation?

In essence, mediation is a process during which you and your spouse meet with a mediator, with the aim of reaching an agreement about what will happen with regards to issues such as your finances and children, when you divorce.

What is the purpose of the mediator?

The mediator is an impartial person, there to help with negotiations between you and your spouse. They do not take sides.

Their sole purpose is to help you reach an agreement that suits both parties. They can offer information about the law and legal processes but cannot offer legal advice.

Mediators are not there to help you and your spouse work out your differences with the aim of getting back together – they are not marriage counsellors.

What are the advantages of mediation?

One of the most positive things about the mediation process, is that it encourages couples to reach solutions together, rather than fighting against each other in a court room.

Although mediation can be stressful at times, it could help you to reach an agreement much more quickly and at a fraction of the cost of a long, drawn out court battle.

How long will mediation take?

How many sessions you will need depends upon how complex your issues are and how long you take to resolve them.

Each session tends to be about an hour or two long. Some couples need just one meeting to reach an agreement, whereas for others it could take many more.

Can I get help to pay for mediation?

Mediation is often cheaper than the more traditional legal routes, such as solicitor to solicitor negotiation or collaborative law, as mediators often charge less per hour than solicitors.

You may be able to apply for Legal Aid to help with the costs of mediation. Head to the government website to find out more about Legal Aid and discover if you could be eligible.

Will I need a solicitor as well?

It’s important for both you and your spouse to seek independent legal advice alongside mediation, in doing so you can speak to our expert mediation solicitors.

It’s worth noting that if you do qualify for Legal Aid, you may be able to access a free legal advice session before mediation.

What happens next?

If you do reach an agreement with your spouse during mediation, the mediator will write a Memorandum of Understanding for you to take to your solicitor, so that the agreement can be put into a legally binding court order.

It’s worth noting that on some occasions, such as if your divorce has an international element, mediation may not be appropriate, as it may be imperative to start court proceedings immediately.

Want to know more about mediation? Get in touch to speak to one of our experienced solicitors.

The break-up of a relationship can be an extremely emotional and stressful time for everyone involved. Where will we live? What will happen to the children? How much money will I have to live on?

These questions and many more can add a great deal of worry to an already difficult time. Last week, a television crew followed mediators in a fly-on-the-wall style documentary as they worked with couples to negotiate through questions such as these. It was a fascinating and sometimes sad watch.

But what exactly is mediation?

Mediation is a process during which you, your spouse and a mediator work through issues in your divorce, such as finances and children, with the aim of coming to an agreement. The mediator is simply an impartial person, there to help with negotiations.

A mediators role does not stretch to any kind of marriage guidance – their role is to help you and your spouse come to an agreement about the financial side of your divorce or what will happen to your children. They’re not marriage counsellors and are not there to help you work out your differences and get back together.

Does a mediator replace a solicitor?

Although mediators can give you information about the law and legal processes, they are unable to give you legal advice. It’s always a good idea to have a solicitor as well so that they can provide you with legal advice about your specific case.

Is there a set number of sessions?

The number of mediation sessions you and your spouse have will depend on how many issues you want to discuss and how quickly you can reach an agreement.

Will we still need to go to court?

If you cannot reach an agreement with your spouse through mediation then you may need to go to court in order for a judge to decide on your settlement and any undecided child arrangements. However, there are other options you can explore first such as collaborative law or solicitor led negotiations.

If you do reach an agreement with your spouse then the mediation process will end and the mediator will write a Memorandum of Understanding for you to take to your solicitor. You may then be advised to take the Memorandum to court and turned into a legally binding court order.

Do we have to go to mediation before we go to court?

Mediation may not be suitable for everyone. However, most people will have to go to a meeting called a Mediation Information and Assessment Meeting before they can take their case to court. The purpose of this meeting is to give you and your spouse information about what mediation entails and how it could help you.  There are circumstances where you and your spouse wouldn’t have to attend this meeting, such as if your divorce had an international element which meant you had to start court proceedings immediately.

Mediation can be a good way for couples to come to an agreement about their finances and childcare. Making the decision together in this way can be beneficial for your future relationship, especially if there are children involved.

How can our expert mediation solicitors help you with mediation?

Our expert mediation solicitors help you with a range of legal issues, including:

• Prenuptial agreements
• Cohabitation agreements
• Post civil partnership agreements
• Divorce
• Domestic violence and harassment
• Child maintenance
• Child contact arrangements
• Divorce financial provisions

Contact our expert mediation solicitors to see how we can help with mediation options

For more information on the divorce process call our expert mediation solicitors on 0845 862 5001 or email mail@austinkemp.co.uk.

Our expert mediation solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:

Leeds Office: Princes Exchange, Princes Square, Leeds, LS1 4HY

Wakefield Office: Market Walk, Wakefield, WF1 1QR

Halifax Office: Old Lane, Halifax, HX3 5WP

Huddersfield Office: Northumberland Street Huddersfield, HD1 1RL

Coventry Office: Warwick Road, Coventry, CV1 2DY

Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB

Please contact us for more details.