Divorce Mediation in Cardiff Discussed by Hurlows Family Law Practice
Mediation is a method of resolving issues during separation. During the mediation process, the mediator is present to listen to your discussion and to act as a guiding force to ensure that all discussions are constructive and that both parties can have a fair say. This flexible process can be used to reach a number of decisions regarding financial agreements after a separation as well as arrangements for children. Mediation is not appropriate for those who are looking to resolve issues within their marriage the mediation service offered by a mediator is used to resolve issues and reach agreements once you know that separation is inevitable.
Hurlows Family Law Practice has many years of experience acting as divorce mediators in Cardiff. As members of Resolution, we can provide you legal information should you be facing separation or a breakdown of your marriage as well as mediation to help reach informed decisions regarding your finances and arrangements for your children. In this article, we will discuss when mediation is appropriate as well as answer commonly asked questions regarding divorce mediation. If you are looking for divorce lawyers in Cardiff or mediation services in Cardiff then enquire with Hurlows Family Law Practice today using an online contact form on our website or telephone now on: 029 2039 6087
When is Mediation Not Appropriate For My Situation?
One of the first questions you may ask when considering mediation is: “when is mediation appropriate?” There will be situations in which mediation may not be appropriate which therefore results in mediation not being compulsory should a relationship break down or you are facing a divorce. Due to the fact that trust and honesty is important during the mediation process (especially when disclosing financial information) mediation is likely to not be possible in this situation. You need to feel safe during the mediation process so if domestic violence or abuse has occurred during the relationship then mediation will rarely be relevant to the divorce or separation process. If there is a huge division or rift in the relationship or it is impossible to reason with one another or be in the same room as one another then mediation may also not be appropriate for your situation.
Why is Mediation a Preferred Method of Approaching a Divorce or Separation?
Mediation is a preferred method of approaching a divorce or separation, especially when combined with other approaches. As extended court cases can be costly and put additional stresses on the relationship and amicability of the separation, mediation is often recommended to be pursued before court proceedings commence. Effective mediation can help to reach financial decisions and decisions involving children and agreements that are made during a mediation session can be drawn up legally and signed to make these agreements legally binding. This brings clarity to both parties regarding their responsibilities and agreements after the separation or divorce process. In many cases, mediation is recommended during a meeting called a Mediation Information and Assessment Meeting or MIAM. This ensures that you have all of the relevant information available regarding mediation and the benefits of going through with mediation. Again, it’s important to bear in mind that mediation isn’t an ideal solution for everyone and that it is not mandatory to arrange for mediation before court proceedings are issued.
What if I Still Can’t Reach a Decision After Mediation?
Although mediation can be an effective method of reaching decisions, it’s not always the case that mediation will lead to resolutions being reached. If this is the case and it has become difficult or impossible to reach decisions with your spouse then court proceedings may be issued should financial agreements or agreements regarding your children cannot be reached. We can represent you either during the mediation process and represent you in court should you have to go down this route.
Working With a Family Law Solicitor Trained in Mediation
It’s highly recommended to seek the advice of a family law solicitor when going through a divorce or separation. One of the benefits of working with a family law solicitor that is trained in mediation is that the mediator must be impartial at all times and a neutral party when discussing issues that are being faced during the divorce or separation. They will also act to represent you should discussions break down and you have to attend a court hearing. This means that you have access to mediation as well as access to the legal representation you may need should the mediation process not be successful.
What Agreements Can be Made From Mediation?
When an agreement has been reached, the meditator draws up an agreement of “Memorandum of Understanding” which sets out the agreements that are proposed which can be taken to a solicitor. Your solicitor will then advise you on the necessarily legal papers that are required as well as draw up the agreement to make this legally binding. An open financial statement and / or outcome of mediation or parenting plan can be created. Any paperwork that the court needs will be prepared by your solicitor and once this is presented to court, this will turn the agreement into a binding court order. Again this avoids the costs of a lengthy legal battle and having to attend court can put added strains on your relationship after separation or divorce.
Going Through With Mediation
If you personally decide that mediation is the right decision for you then you can discuss this with your partner. It’s important to bear in mind however that your partner may not be willing to enter into mediation. Mediation is not mandatory meaning that if your partner does not want to pursue mediation and wants to pursue a different avenue in reaching decisions, you are not able to make them attend mediation. Even if mediation is the ideal solution for yourself, this may not be the case for your partner. Allowing them to make their own decision and decide whether mediation is best for them is often the best path to take and it’s important to offer them all of the information that is available regarding mediation to help them reach a decision on whether they would like to go through this process. As we mentioned previously, mediation is not the best solution for some situations so if mediation is not possible then it’s highly recommended to contact one on of our family law solicitors.
Arrange for Divorce Mediation in Cardiff With Hurlows Family Law Practice
Should you and your partner decide that mediation is the appropriate solution to reach financial agreements, a parenting plan or reach decisions after separation or divorce then Hurlows Family Law Practice can help you. We have many years of experience offering divorce mediation services in Cardiff and we will endeavour to act as a neutral mediator to give you as much information as possible on the options that are available to you. Mediation may not always be the most appropriate option but we can guide you through the mediation process and help to reach amicable and legally binding decisions ahead of a separation or divorce. We can also offer you a wide range of legal advice and represent you in court due to the fact that we specialise solely in family law. If you are looking for divorce lawyers in Cardiff or divorce mediation advice in Cardiff then enquire with Hurlows Family Law Practice using a contact form on our website or telephone now on: 029 2039 6087
Hurlows Family Law Practice is a valued and respected Firm of Solicitors which has been serving the Cardiff and South Wales area since 2001.