When a couple splits, there are important parenting arrangements to be considered. These involve arrangements such as where the children will live when they will see the other parent, where they will continue their education, which parent will be providing them maintenance and child support, their holiday arrangements, and many more different considerations.
Of course, there are substantial other important things to think of. These involve issues such as what happens to property, finance, debts, and pensions. The process can deteriorate into an unhelpful, modest and controversial challenge as many partners assume the outdated idea of divorce.
With a divorce in their mind, many of the couples end up seeking an advice from a solicitor and they may end up in a courtroom for what is usually a long process and of course an upsetting process which is made against the ex.
Applications in court can last for months and sometimes years and can be costly. When the court delivers a decision, the arrangements hardly meet the parties’ interests.
Separating couples are often totally oblivious that there is a simpler and cheaper way to settle things, in which they would control the outcomes instead of having the outcomes imposed upon them.
Family mediation does not attempt to save couples’ relationship or it does not try to keep them together. It is also not a therapy provided to the couples. Mediation, in other words, conciliation, accepts that changes do take place in people’s lives and it offers everyone involved a better way forward to the next stages of their lives – apart –in a positive way.
Mediation is a voluntary and confidential (private) procedure. Here, a trained and accredited expert mediator helps you discuss and negotiate all aspects of a divorce or separation, assisting you to reach combined decisions about your future with your partner.
Mediation is less argumentative and tense than stress the couples go through in court. In mediation, you sit with a skilled mediator to consider all the things that need to be stabilised. Discussing and making arrangements for children and possessions is difficult and it is not easy. But mediators are there to help you as they take simple, practical steps to reduce the resistance between you and your partner and, if needed, they will conduct the mediation in separate rooms.
Mediation is quicker than the court applications. Official figures on legally-aided mediation have shown that the average time for a mediated case to be completed is 110 days, compared to 435 days for court cases on similar issues.
It also needs to be considered that mediation is usually more cost-effective than the court applications.
The recent law means before separating couples can apply for a court order, they have to attend a mediation awareness meeting to find out if it would be suitable for their own circumstances and if they can reach a settlement without a need of a court application.
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z.tamkan@connaughtlaw.com
Zehra works for a number of corporate immigration and family law clients. She advises on immigration matters including but not limited to applications under Tiers 1-5 of the Points Based System, EEA applications, domestic workers, students, family cases, including unmarried partner and marriage visas, settlement and applications for British citizenship.