There is something about how few people are aware that there are alternative routes to resolving a family law dispute that never ceases to amaze me, despite the fact that the behemoth of the family law system is struggling to keep up with the demands of the modern world as a result of recent budget cuts that have left it underfunded and far too dependent on adversarial approaches to resolve family law disputes.
The use of collaborative law (in conjunction with adequately competent attorneys), early neutral evaluation (to obtain a legal opinion from a senior lawyer or judge), arbitration (to obtain an out-of-court decision on a matter), and the use of direct access barristers are a few examples of these strategies.
The Benefits of Mediation as a First Step in a Contested Resolution Situation
While all of these options have their own advantages and are extremely beneficial when compared to the traditional route of battling it out in court until the bitter end, the message that is still missing is that, in the vast majority of cases, mediation should be the first port of call whenever there is a potential legal conflict to be resolved. No matter if the problem at hand is a disagreement between an employee and his or her employer, a contract dispute between two firms, a fight between neighbours, or a quarrel between separating or separated couples, this argument can be used.
When compared to traditional legal channels, mediation offers the advantage of being able to reach a resolution at a fraction of their cost while also increasing the likelihood of building bridges rather than tearing them down along the way. This is especially important when there are children involved in the dispute. When you consider the decrease in stress and avoidance of the possible ripple impact that a high conflict separation may have on friends and extended family members, it becomes clear why it is so crucial to seek mediation early and not last. Even if it involves taking the initial bold step of sitting down and talking with your ex-partner when your first impulse is to put as much space between you and them as possible, mediation is the best option for the vast majority of individuals in most situations.
Mediation is usually often the most cost-effective and pleasant approach of reaching solutions on all of the difficulties that you are dealing with during a separation or divorce.
We’re debating the many options for the future of our cooperation at this point in time. The first stage is to get a monetary settlement from the other party. In regards to the arrangements for your children, you and your spouse have come to a mutual understanding.
Mediation should be prioritised over all other options.
Given the fact that I have been a mediator for a sufficiently long period of time to recognise that this is unlikely to occur anytime soon, I believe that everyone involved in the legal system, from the government to solicitors, should put forth significantly more effort than they currently do to encourage people to mediate rather than litigate when they are going through a divorce.
It would be wonderful to see a movement in the direction of society rather than mediators, but it is important to recognise that it is our obligation as mediators to ensure that the greatest number of people as possible are aware of the benefits of mediation.
Perhaps the most essential thing to remember is to communicate messages that are basic yet powerful. As a result, I’d want to convey the following message: “Anyone who is divorcing and who has assets to divide or who has children’s needs to consider should first consult with a mediator!”
When there are significant assets (such as homes or pensions) or future commitments (such as school tuition or mortgage payments) to consider, mediation may be highly useful, both in terms of the results obtained and in terms of the costs incurred. In certain situations, In accordance with the message of the old legal system, the only way to address these issues is to employ an adversarial approach through the use of lawyers, with the general consensus being that the more precious the assets, the more important it is to fight your corner aggressively in court.
The truth, on the other hand, is usually diametrically opposed to the popular perception. For the most part, experts agree that when it comes to a dispute involving substantial assets and a significant potential difference in viewpoints between the parties, Berkshire Mediation may be more beneficial than other options in a specific circumstance. It is common for clients to come to see me after spending considerable sums of money on the legal process with little to show for it and wishing that they had began mediation much sooner, and I find myself chatting with them for much too long as a result.
The legal system will react to the conditions in the same way that water seeks its own level, with the consequent legal fees growing in direct proportion to the amount of marital assets at risk.
But no matter how large the financial issues under consideration are, mediation costs are typically very similar. I frequently work with clients who could easily spend tens or even hundreds of thousands of pounds through the contested legal system but who instead spend a fraction of that amount in mediation while still ensuring that everything from financial disclosure to making important financial decisions is handled as sensitively and robustly as required.
A lot of my time as a mediator is spent discussing with potential clients about whether mediation is the right course of action for them in their individual situations. I hope that this article may help to address some of the points that are frequently addressed during these discussions.
Examine the reality that divorcing may be an emotionally and practically difficult option as well as a financially draining one. Also consider that the courts take their role as facilitators of the process quite seriously. Given the multiple hoops that must be jumped through and boxes that must be checked in order to get a mortgage in today’s atmosphere, it should come as no surprise that the process of going through a divorce is anything from straightforward.
Many of our clients have to deal with family houses and other real estate, as well as the mortgages that are often tied to them, which may be stressful. Additional considerations include the spouses’ respective company assets and pensions, future living arrangements for and financial needs of minor children, and the parties’ own personal financial requirements and necessities. Once the mediation process gets underway, both parties begin to realise how difficult it may be to reach an agreement on how to deal with these concerns in the present while also guaranteeing that all parties have a sense of security in the future. At that point, they recognise how vital it is to guarantee that these agreements are approved by a court of law, which is typically accomplished with the help of an attorney at that point. If you have any questions concerning mediation, please contact us at https://leicester.ukfamilymediationservice.co.uk/ and we would be happy to help you!
In my experience, when both parties enter the mediation process with realistic expectations about the fact that there will inevitably be costs associated with getting divorced, reaching a settlement, and having this settlement approved by the court, and about the fact that this is a process that should not be rushed or short-circuited, the mediation process provides the ideal way to reach lasting agreements without the far greater emotional and financial cries of the traditional divorce process.