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What are the benefits of using mediation for divorce?

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The hardest part of divorce is making decisions about things like where your children will live and how your money and property should be divided. Discussing these matters with your former partner can be difficult and it is understandable to be concerned about arguments erupting and the cost of any resulting court proceedings. In turn, you may be worried about a judge making vital decisions about your family without giving you any say over the outcome.

Thankfully, the opposite tends to be true. Gone are the days when couples would take a passive backseat in their divorce proceedings, allowing a judge to make all the decisions on their behalf. The majority of divorces are actually agreed by the couples themselves, out of court using Alternative Dispute Resolution methods such as family mediation.

Mediation has many benefits over court proceedings and is highly effective for helping couples come to a harmonious settlement swiftly and cost-effectively. So much so that it is now the law that the majority of people in family law matters should attend a MIAM (Mediation Information and Assessment Meeting) to decide whether mediation is right for them before starting court proceedings.

To get an idea of whether mediation might be right for you, below are some of the benefits of using it for your divorce:

Mediation has a high success rate

In 2018, the Family Mediation Council announced that around 7 in 10 couples successfully used mediation, resulting in a whole or partial agreement. Other surveys put this figure even higher.

Mediation tends to be cheaper than court proceedings

Using mediation can be much cheaper than taking court action. Additionally, if you are on a low income, you may be able to get Legal Aid for reduced fees or to have your mediation fees waived altogether.

Mediation tends to be faster than court proceedings

Mediation can be arranged at your own convenience with no need to wait around for court applications to be listed or considered by a judge. Depending on the complexity of your case, you could resolve you matter in just a few meetings.

Mediation can help you avoid conflict

Even the most straight forward of court proceedings can be adversarial in nature, pitting one side against the other. On the other hand, mediation occurs in a neutral environment. It involves you and your partner sitting down to discuss your divorce settlement under the guidance of a qualified mediator. The mediator is not there to take sides or make judgments, but to help you work together, diffuse conflict, and find a solution which works for both of you.

You will be more involved in your divorce settlement

Assuming you and your partner are able to come to an agreement, your divorce settlement will be entirely down to you. Your mediator will not tell you what to agree or cast judgment on your concerns. However, because the court will only make your mediation agreement legally binding if they agree it is fair to both parties, your mediator will help you find an acceptable solution and put your agreement in writing on your behalf.

Your divorce settlement is more likely to be successful in the long-term

When both you and your partner agree to the resulting divorce settlement, you are both much more likely to stick to it. Although judges are very skilled at assessing a couple’s lives and making solid decisions based on the information put to them, through cooperative discussion in mediation, you have a better chance of coming up with creative solutions which both of you are happy with.

Do you need advice about divorce mediation?

At Atkins Hope, our friendly and approachable family mediation solicitors are dedicated to helping families find positive solutions to a wide range of issues. We can provide advice about whether mediation is right for you and our team includes a qualified mediator, Juliet Adelman. Juliet is a Resolution-accredited specialist in Child Abduction and Matrimonial Finances (Advanced) with years of experience achieving successful outcomes for clients.

For further information, get in touch with our family mediation solicitors in Croydon, Medway, Blackheath and Guildford.