Mediation in Separation and Divorce Cases
Due to their personal nature, these matters are likely emotionally charged and can be further fuelled by the legal process. Communication between parties is through the solicitors and it is common that this formality increases the gulf between the parties. Generally one or even both spouse want their day in Court to air their grievances and they believe that once heard, the Judge will fully support their point of view. However, once in Court the parties lose control over the decision, it is made by the Judge based on the evidence presented. Mediation facilitates communication to allow the couple jointly decide on how assets and income are divided and other matters such as access and provision for children. The people best equipped to develop a long-lasting solution are the couple themselves, with guidance from a mediator and their legal advisors that work with them through the mediation. Mediation is a shorter process and if agreement is reached, it will be considerably cheaper than litigation in a Court environment. The common fear is that the mediation will fail and waste further time and money. Our experience is even where solutions are not reached, some issues are generally resolved and the parties gain a better understanding of their spouse's position. This normally leads to a focussed litigation subsequently which will likely lead to reduced legal costs. If you are interested in learning more on this subject, please contact us.