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High profile media divorce and separation cases have shown very vividly the harm that can occur from an approach that does not consider mediation.
What is clear is that an active, rather than a passive, approach is essential to divorce and separation. It is important that you are clear about your aims, priorities and what you want to achieve through the separation and divorce process.
Court, or legal avenues, should not be your first form of action when considering how to proceed. Mediation is often overlooked by parents, but it can provide a most sensible and cost-effective method of proceeding. In fact, to qualify for legal aid you most often have to have shown that you have been through a period of mediation.
Perhaps the biggest advantage of mediation is that it is much less costly than other forms of legal action, but that is by no means the only plus point.
Experience has shown that mediation can be a very powerful method of healing disputes between partners and can actually achieve a result which is most beneficial to the needs of the child. Mediation involves a series of structured sessions with a trained mediator. These sessions cover a variety of issues including finance, custody and visitation. Whilst mediation is not a substitute for a formally constituted divorce, mediation processes can help parents undergoing divorce think about, and resolve, issues without expensive legal bills.
Mediation is child-centred and involves putting the needs of the child first.
This approach helps couples to consider what is most important to them through making the child's requirements paramount. If children are older, it may even be possible to involve them in the mediation procedure.
Mediation does require both parties to approach the process with a degree of honesty. In particular, full financial disclosure is necessary if mediation is to be successful.
Limiting the impact of separation on children after a divorce requires careful consideration and proactive steps from both parents. Maintaining open and honest communication with the children about the changes happening in their lives is crucial, ensuring they feel heard and supported. Consistency and stability in routines can help provide a sense of security during this transitional period.
It’s also important for parents to manage their own emotions and avoid exposing children to conflicts or negative discussions about the other parent. Encouraging a positive relationship with both parents and involving children in decisions that affect them can further ease the adjustment. By prioritising the children’s well-being and working collaboratively, parents can help mitigate the emotional and psychological effects of divorce on their children.
As a firm of dedicated professional mediation experts, we have the experience and motivation to offer highly effective services to help you to resolve a family, community, civil or commercial dispute. Fundamentally, the mediation process has been devised to encourage a satisfactory self-resolution to be reached between disputing parties, efficiently and cost effectively without the need of expensive litigation.
Barclaydevere provides mediation at a local level – seven-days a week – at a time and place best suited to the participants. We listen to the concerns of all the individuals involved in a dispute, and encourage you to reach a satisfactory conclusion that will resolve matters in a way that is most acceptable to all. We will promote free and open discussion that will help disputing parties to understand their opponent’s viewpoint, and assist their efforts to reach an agreeable solution to resolve the issues.
By listening to all points-of-view and by considering the concerns of everyone involved, the role of our mediator is to act as an unbiased intermediary unbiased intermediary work with you in an attempt to settle your differences amicably, in the best interests of all sides without the need for costly court intervention
Child separation mediation is a cost-effective method of resolving problems. It may also be possible to be eligible for legal aid when applying for mediation.
Practically, mediation involves consultation between you and your ex-partner. This is usually in the same room but it is not unknown for mediators to go from room to room if partners can not agree to be in the same place.
Mediation covers issues such as financial issues and also contact orders. It is not always possible for partners to agree to such things straight away, but mediation initiates the conversation and it is often possible for partners to find a mutual space where consensus is possible.
A Memorandum of Understanding, or alternatively a Statement of Outcome can result from mediation. After agreeing on such a document you will probably need to seek legal advice so that the document can become binding.