The Top 10 Benefits of Mediation

There are many benefits to mediation. It keeps matters outside of the court arena and generally is a more amicable way to approach all issues arising following separation. Mediation can cover a whole host of issues, including both child arrangements and financial disputes following divorce. You can even discuss the divorce proceedings and agree who is going to petition and who will pay the court fee.

Below are some of the main benefits we as practitioners feel meditation offers. If you want to discuss the option of mediation further, please do contact us to arrange an appointment with one of our specialist solicitors.

1. Less stress: Mediation is meant to be non-confrontational. The mediator is there to support both parties to try to reach an agreement without the involvement of the court which reduces stress levels for both parties.

2. More control: No one can force you to agree to anything in meditation. You are entirely in control as to what you are willing to agree to and what you are not. We always suggest getting advice from a solicitor alongside mediation. The mediators are not there to advise you, and it is important to get independent legal advice on what the law says whilst you are engaging. No agreement reached in mediation is binding until it is formulated into an order. This ensures both parties can get advice before they are bound.

3. It is voluntary: This means that both parties will need to agree to attend. If one person feels it is not working, they can at any stage decide that they no longer want to proceed.

4. Reduced costs: One of the biggest advantages is lower costs. Court proceedings are expensive. Even if matters are kept outside of court, solicitor correspondence likewise quickly can accrue costs. If an agreement is reached in mediation it assists in keeping legal costs down.

5. Speed: Mediation can often be organised relatively quickly. The courts often have long delays, meaning hearings can be listed some considerable time in the future. With mediation, the mediators are able to accommodate meetings much sooner.

6. Convenience: The court will list hearings to their availability. With mediation, it will take place when convenient for all parties. It can also take place remotely and so if the parties are some distance away, it does not prevent mediation from being effective.

7. Protection: There is the option of shuttle mediation which means you and your ex-partner do not need to be in the same room. The mediator will shuttle between. Where parties are more acrimonious, this still enables mediation to be an option. The mediator also will make an assessment to make sure that mediation is appropriate, to avoid one party being bullied into something which is unfair.

8. Open dialogue: Mediation enables the parties to have an open dialogue and deal with a number of issues at one time. Both child and financial matters can be discussed, but also more personal disputes, such as family pets and furniture.

9. Flexibility: You can mediate at any time – not only can you mediate at the time of separation, but if issues arise say a year or even two years later, disputes can be revisited at mediation whenever it is needed.

10. Follow up: The mediator will prepare documents setting out the discussions had so it is clear to all what was talked about and agreed. The parties can then reflect on this or discuss it with their respective lawyers.

Ready to take the next step? Talk to us in confidence and find out where you stand. Our team of divorce and family law specialists – in London, Milton Keynes, Bicester and Watford – can advise and guide you from the moment we start working with you. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.