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What is Mediation in Family Law and does it have any benefits?

Mediation alone can sometimes be enough to manage the implications of a divorce, removing the need to attend Court. Our Family Lawyer, Maria Parker, explains what mediation is, the process involved, and the benefits it can have.

What is Mediation in Family Law and does it have any benefits?

Our Family Law Team here at Hodgkinsons Solicitors, Skegness, understand that facing a divorce can be overwhelming, even without the daunting concept of attending Court. Maria Parker, our Matrimonial Executive, often finds that many Clients share the same misconception that in order to file for a divorce, it is compulsory to attend Court, as they are unaware of the option of mediation. Mediation provides an alternative method of resolution to Court proceedings.

The process of mediation typically involves both parties attending several face-to- face meetings with a neutral divorce mediator. The aim of the meetings will be to reach an agreement about the details of the separation regarding the financial settlement, property, and child arrangements if applicable. The role of the Mediator is to facilitate discussion between you, whether this takes place face-to-face or separately. By working as an impartial guide, the Mediator will work with both parties to agree and establish the final agreement by allowing both parties to discuss their points of view. In order for mediation to be successful, both parties must be willing to negotiate so that a solution can be achieved. Any decisions made in mediation, whilst recorded, are not legally binding until both parties have obtained legal advice.

Our Lawyers have unparalleled experience in mediation. They will always explain the entire process involved at the outset, and help to guide you through the process, providing you with professional, yet friendly, support at all times.

Here at Hodgkinsons Solicitors our Family Law Team will always recommend mediation as a means of resolving matrimonial and family law matters through negotiation rather than proceeding through the Courts, due to the number of benefits mediation poses such as:

  1. Flexibility – In mediation both parties can address specific matters, which they may deem have  more importance or suitability. Due to this, decisions can be bespoke to your situation. Mediation provides an opportunity to find a solution which is equitable to all parties and can help separating families to manage their issues collectively and productively.
  2. Communication - Mediation allows the lines of communication to remain open which is particularly important for parents who will, in some way, have a relationship with one another for the rest of their children’s lives.
  3. Time Efficient - Mediation achieves agreements much more amicably and swiftly than attending Court would as parties have much more control over the process than they would have throughout Court proceedings. If communication between both parties becomes unproductive or malicious, the Mediator will manage the process to ensure it does not continue, proving that the mediation process can be less disruptive for those involved.
  4. Child-Inclusive - Mediation can be child inclusive. In certain circumstances, the children affected by the divorce can take part in mediation. This ensures that they have a voice and that their wishes, feelings, and decisions can be heard.
  5. Cost Efficient – If successful, mediation can incur less costs than Court proceedings. Mediation allows the parties to remain in control about what they discuss during the sessions, and how many sessions occur, therefore, allowing parties to remain in control of costs.

Our Lawyers will always explore the most effective and efficient method of resolving your issue. Mediation is not right for everyone, and your Lawyer will consider any issues and decide whether it is the most suitable method of resolution. Sometimes Court proceedings can offer the most sensible option and our Family Law division has the expertise and knowledge to represent you to ensure we achieve the right outcome for you.

We understand that facing a divorce can be one of the most emotional and stressful times of your life, which is why it is important to instruct a Lawyer to handle the legal work for you, as soon as you possibly can. Our Family Lawyers here at Hodgkinsons Solicitors have helped couples and families throughout rural Lincolnshire, the East Midlands and beyond, to resolve their legal issues for over 39 years. If you are located in the surrounding areas of Skegness, Boston, Louth, Lincoln and Grimsby, we can help with all your legal needs. To make a new enquiry, or to discuss a current matter, contact our expert Family Law Team by submitting a contact form or by calling us on 01754 897150.