Gumersalls News

Gumersalls News

When Should You Use A Mediator During Divorce?

by | Mar 23, 2020 | News

If you and your partner decide that you should divorce, it is likely to be a stressful time of your life, even if the split is relatively amicable. Of course, there are also cases where the split is much more challenging for one or both partners.

Mediation provides an opportunity to sit down and discuss the issues that you need to find agreement on. This doesn’t have to be limited to childcare and your immediate family. Mediation can also help to resolve issues surrounding property or money, an article for Good Housekeeping explained.

Jane Keir, partner and divorce lawyer at Kingsley Napley, told the publication that in some circumstances mediation can be a good way for couples to settle their differences without ending up in court.

However, she stressed that it isn’t right for everyone. “Mediation is a great place to discuss whether the right arrangements are being made. But it’s not suitable for everyone – if you no longer feel able to communicate with your ex, you’re not going to want to sit in the same room as them,” she stated.

The Family Mediators Association in the UK pointed out that there are a number of benefits to using mediation during your divorce if you can.

One of the main advantages to going down the mediation route is that it will reduce your legal expenses and reduces the number of court applications among divorcing couples.

According to the organisation, the average legal cost can be more than halved when mediation is used successfully. What’s more, mediation typically enables divorce cases to be settled more quickly, in just 110 days on average, compared to 435 days among couples who don’t engage with mediation.

The Family Mediators Association also argued that it’s important for legal professionals to change people’s attitudes towards mediation to encourage more couples to go down this route. However, it accepted that changing public perceptions on such issues can take years.

A recent article for Mediate.com also explored the benefits to mediation, noting that one of the main reasons this is the best approach is that it is healthier for families.

“Thanks to its less confrontational process, mediation usually leads to better long-term relationships between ex-spouses,” the news provider stated. It can be especially beneficial for children, the article added, rather than having them get caught up in court proceedings.

It also makes the process of a divorce more private, as the mediation will take place in private offices with specially trained mediators, rather than the details of a divorce coming out in a courtroom where it will also be recorded.

The news provider also revealed that there are higher rates of compliance with divorce settlements that are reached via mediation rather than through the courts, because both parties have committed to the sessions and what’s agreed in that time.

If you’re going through a divorce and want to explore family mediation in Epsom, contact us to find out about our services and how we can support you and your family during this difficult time.