Since this week is Family Mediation Week, we felt it would be good to offer a more in-depth explanation of what Countrywide Mediation Basingstoke is and how it works. In the past, we have said that our approach to family law is to use mediation when couples are divorcing.
What precisely does it mean to mediate?
The process of providing assistance to divorcing couples in the organisation of their separation in a way that is beneficial and fruitful is referred to as mediation. It may also be used to amend the agreements that have been established in the case that the circumstances change, such as when the children get older. An example of this would be when a parent’s job changes.
The role of a mediator is to act as a facilitator in the process of discovering acceptable and workable solutions to issues that can be accepted by all parties involved. They won’t tell you what you should or shouldn’t do, they won’t pressure you to provide answers, and they won’t take a side in the debate. Instead, they take on the role of an objective third party, leading the two of you and helping you negotiate conditions until an agreement can be reached. They are responsible for keeping the conversation flowing, directing both of you, and offering aid when necessary.
Why is it necessary for us to participate in mediation?
When parties appoint a mediator, the terms of the agreements that are achieved are modified so that they are appropriate for the specifics of each case. The points made by both parties are communicated in a way that is cooperative and does not include any kind of confrontation. The talks are had without pointing fingers or placing blame; the focus is on the future; and the aim is to keep your connection by maintaining open and honest communication; however, no attempt is made to rebuild damaged relationships.
Throughout the course of the mediation process, consideration is given to the emotional toll and lack of predictability that often follow the dissolution of a romantic partnership. It may provide a secure and encouraging environment for you to talk with your ex-partner, but there is no need that you face them at any moment if you would rather not do so. This may make it easier for you to talk with them. You are not compelled to speak to your ex-partner if it is something that you would prefer not to do.
Why is it that going via mediation rather than the traditional route of going through the courts to get a divorce is better?
A protracted court battle, which may also be highly stressful, is far more difficult to endure than going through the process, which is much quicker, less unpleasant, and in most circumstances, less costly. Because of this, you will no longer be at the whim of a judge who will decide what you should do with the rest of your life instead of you. Obtaining a divorce without going to court not only protects your privacy but also ensures that everything will be handled in the strictest confidence possible.
You will be required to provide evidence that mediation was given the due diligence it deserved and that it was rejected as an alternative in the event that you have no other choice but to take your dispute to court. This is the case in the event that you have no other choice but to take your dispute to court. The rule does not apply to cases of violence committed inside the same household.
What precisely takes place all the way through the mediation process?
The process begins with a gathering that is known as a Mediation Information and Assessment Meeting, which is also commonly referred to by its acronym, MIAM (which stands for “mediation information and assessment meeting”). You will discuss what mediation is, how it may be of use to you, and the costs that are associated with it at this discussion. After this first stage, you will engage in conversations that will assist you in determining what must be agreed upon, as well as an appropriate timetable within which choices that are beneficial to both parties are to be made. These conversations will take place after this first phase has been completed. After that, the mediator will be able to guide you through the process of thinking about all of the options that are available. The following is a list of themes that often come up during mediation and are eventually resolved:
- Alternatives for shared parental responsibilities and care for children
- Concerns pertaining to finances, in particular pension programmes
- The management of residential properties and other living quarters
- Dividing up assets
- Firms where more than one individual share ownership or management responsibilities
Do I qualify for legal aid if the dispute is resolved via mediation?
You could be eligible for financial assistance with your legal case if any of the following apply to you:
- The quarrel also involves a child in some capacity. There is a possibility that you may be given a voucher for free that is worth up to £500.
- You do not make very much money in your current position. It is possible that Legal Aid will compensate as both sides to participate an introduction meeting (MIAM), one mediation session for both of you, further mediation sessions for the eligible individual, as well as assistance from a lawyer to make your agreement legally enforceable. If this is the case, the eligible individual will also be able to attend additional mediation sessions at no cost.