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What is mediation and is it an effective way to manage a divorce?



Victoria Cobham specialist family lawyer at Mogers Drewett explains

Where proceedings involve finances or children there is a requirement to attend a Mediation session (unless you fall into one of the exemptions). Mediation is quite simply a way to try and resolve any issue you may have as a result of your relationship breaking down.  It involves you and your partner both meeting with a trained mediator to work through any issues you aren’t able to resolve together.

One of the most important aspects of the mediators role is to be impartial and neutral.  As such the Mediator can only provide information to both you and your partner but not advice.  If your questions are asking for opinion or advice on what you should do then the Mediator will need to refer you to obtain independent legal advice from a solicitor.  Sometimes people have their own solicitors whilst in the mediation process so that they can take advice between mediation sessions about what was discussed.

There are various principles to Mediation. Confidentiality – this means everything within the mediation process is confidential with two exceptions.  The first is financial disclosure of assets and factual information about assets and the second is if the Mediator has any concerns about you, your partner or children’s safety they have a duty to report this to any authorities.   Voluntary – while the mediation process is a requirement it is still a voluntary one therefore if at any stage of the mediation process you do not feel comfortable continuing with it there is no obligation for you to do so and finally it must be Without Prejudice – the discussions which take place within the mediation process are ‘without prejudice’ this means that any discussions cannot be later used against you should the discussions fail.

Mediation is often a quicker process than the alternatives, given you are both able to sit together to discuss arrangements. Essentially mediation is your process, it is a forum where you and your partner can, together reach an agreement about what is best for your family, rather than having a decision imposed on you.

Research has shown that agreements reached at Mediation are longer-lasting, given that each and both of you would have reached the agreement together.

For further information or advice on mediation please call Victoria Cobham on 01749 342 323 or email Victoria.cobham@mogersdrewett.com.

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