You may be curious about the initial steps you can take to navigate this difficult process as efficiently and amicably as possible if you have decided to divorce or separate. A competent, neutral professional assists a couple in family mediation in obtaining the necessary support to reach an amicable resolution regarding their children, property, and finances, outside the purview of the court.
Do money-related issues require the assistance of a mediator?
In the context of resolving property and financial matters, mediators can aid married couples in negotiating the terms of a financial settlement that is fair and balanced, considering their circumstances and requirements. Timely and practical agreements can be converted into legally enforceable Consent Orders without the need to resort to litigation.
A mediator can provide support in resolving matters such as the family residence, including deliberations regarding the sale of the property and how the proceeds should be divided, or whether one of you should remain in the house. An alteration or transfer of the tenancy of a rental property is warranted. Compensatory measures for the loss of pension rights, endowments, and other benefits by a single individual are an additional critical component of the financial equation.
The ultimate resolution will be contingent upon the couples’ subjective assessment of what they deem equitable and what provides optimal support for the entire family, including the children. After that, the mediator will aid in the identification of possible resolutions.
The benefits of mediation for children
Mediation facilitates parental cooperation regarding their children, enables an examination of their requirements, and ensures comprehensive deliberation on any concerns each parent may have regarding the children. It is essential to place your children’s needs first and keep them away from conflicts and disputes, regardless of your emotions.
In certain situations, particularly if your child is mature enough to express their emotions, the mediator may also permit them to see your child; however, this requires specialised training, and not all mediators can provide this service. This shall only occur with the consent of both parties and the minor. The mediator’s feedback is limited to the information that your child consents to include.
Advantages of resolving disputes via mediation
• More expedient than litigation in court, family mediation is effective. The average duration of mediation is four to eight weeks, whereas the resolution of court cases can take months.
• Fees—For those who qualify for financial aid for legal representation, mediation is provided at no cost. Electing to participate in mediation will incur a considerably reduced financial burden in comparison to litigating in court or engaging legal representation.
• Imagination—Mediation allows employing one’s creative faculties in addressing the challenges one is endeavouring to resolve. They might consist of issues that the court is unable to resolve in your favour. Multiple couples assert that by engaging in mediation, they were able to amicably dissolve their marriages or separate and that by candidly discussing their concerns, they were able to devise practical, personalised resolutions.
• Control – Ultimately, the outcome will be within your reach. This distinguishes it from a judicial environment in which an order would be imposed upon you by a judge.
• Communication – By encouraging collaboration to find a solution, mediation can improve the level of communication between you. The reduction of conflict is of utmost importance when children are included. Regardless of your sentiments, it is essential to prioritise your children’s needs since this can assist preserve crucial family ties.