How does mediation work in a divorce?
Divorce is a reality that affects thousands of people in the UK. According to recent data, approximately 42% of marriages end in divorce, with rates in England and Wales increasing over time.
Divorce can be a painful process and a number of problems and disputes can arise along the way. For this reason, there are effective methods to manage separations more harmoniously and efficiently, such as family mediation services.
In the following, we will explore in detail how mediation works in the divorce process, its benefits and the associated legal considerations.
What is mediation?
Mediation is a process where a third party, known as a mediator, helps both parties in the relationship to reach an agreement without the need to go to court.
In fact, in the UK, around 70% of divorces are resolved through mediation, reflecting its effectiveness and acceptance in British society.
Why choose family mediation over court?
That it is so successful in British society and that the courts are being overshadowed is due to the advantages offered by mediation services.
Cost-effective
Divorce is a process that can be quite expensive for some couples. Therefore, mediation is a good option for parties who are experiencing financial problems. It not only saves legal fees, but also reduces administrative and time costs.
The UK government has implemented initiatives such as the Family Mediation Voucher Scheme, which provides up to £500 to cover mediation costs, benefiting more than 37,700 families.
Faster resolution
While a divorce proceeding in court can take months or years, an agreement in mediation can be reached in just weeks.
Less stressful
Divorce can also be a stressful process. A lot of bureaucracy, discomfort in day-to-day life, especially if children are involved… Therefore, mediation promotes communication and cooperation, reducing the emotional strain for both parties.
Confidential
Unlike court proceedings, which are usually public, mediation is completely private. This means that agreements reached are not recorded in publicly accessible documents.
The mediation process for a divorce
The mediation process is characterised by a series of steps that lead to a final agreement that benefits both parties involved.
Step 1: The initial meeting (MIAM)
The process begins with a Mediation Information and Assessment Session, known as MIAM for mediation. This will explain how the other sessions will work and determine whether it is the right option for the clients’ case.
Step 2: Identifying issues to resolve
Once it is concluded that mediation is the right way forward, it proceeds to work with both parties to identify the key issues and problems that need to be resolved, such as child custody or alimony.
Step 3: Negotiating agreements
Once the problem has been identified, the best solutions to reach an agreement are put on the table and discussed. The mediator will ensure that both parties are heard and that the negotiations are fair.
Step 4: Reaching a settlement
When an understanding is reached, a document called a ‘memorandum of understanding’ is drawn up. It is not legally binding, but can be submitted to the court for formalization.
Legal considerations and enforceability
Before making a decision on mediation, there are some considerations to take into account.
Is mediation legally binding?
Mediation itself is not binding, but the agreements reached can become binding if the parties decide to put them into a ‘consent order’, which must be approved by a judge.
When mediation may not be suitable
Although it is a universal process, it is not intended for all cases. For example, mediation is not suitable in cases where there is domestic abuse or a lack of full cooperation from both parties in the relationship. In these cases, it is advisable to seek legal advice before opting for mediation.