Mediation is an important part of the divorce process and is a form of dispute resolution. It is specifically designed to help separating partners come to a mutually acceptable agreement about what should happen regarding the important aspects of getting divorced. This can include the division of assets or what happens to larger assets like a property or joint business and child residency arrangements/childcare.

Mediation sessions are carried by trained third parties who help lead the negotiations and keep things on track. They will not take sides and are present to reduce any conflict that may arise and process a legal separation.

If you trust a mediator and their judgement, they’ll be a huge help to you and your family, so you are confident about what will happen following a separation. If you’re based in Essex and currently going through a separation, we highly recommend THB Legal, they’re a team of solicitors in Chelmsford and offer a highly respected mediation service.

Why Choose Mediation As An Option?

Apart from the benefit of having a non-biased third party in the room with you, mediation is a cost-effective way of resolving a dispute, especially if you compare it to a long and drawn-out hostile divorce. It also helps to sort out multiple decisions in the aftermath of a break-up, which can help keep everyone involved that little bit calmer during a somewhat stressful and emotionally challenging time.

It can also help children that are old enough to understand what’s going on with their parents. They’ll be able to have a say in what happens to them, including where they’re going to live, how much access they’ll have to their non-residential parents and where they will go to school. Once agreements have been during mediation, these can be written into legally binding documents or be used as an informal reference for future discussions.

What to Expect During The Mediation Stages

Most mediation for divorce goes through 5 stages. They may not go through the order we’re going to explain them in as it will depend on your situation and the complexity of your break-up, but here are the basics.

The Introduction Stage

During the first stage, the mediator will work with you and your separating partner to lay the foundations of the other stages. You will explain your current situation, and they will then explain how they plan to conduct the mediation sessions. Depending on how well you and your spouse get on and what the issues are, your mediator may suggest an approach that is aimed at reaching an agreement easily.

The Information Collection Stage

For the mediation sessions to be successful, you, your spouse and mediator need to clear about the factors that play an influence in your case. This is what makes up the information collection stage. During this stage, your mediator will explain the general legal rules that apply to your situation.

The Framing Stage

During the framing stage, the mediator will ask you and your spouse exactly why you both want certain outcomes following the sessions. Your mediator will refer to thee outcomes as “needs and interests”. Sometimes a mediator may conduct this stage in 2 sessions to speak with you and your spouse separately as it may help with the negotiation stage.

The Negotiation Stage

Once the mediator understands the situation and “needs and interests” of you and your spouse, it’s time to negotiate an acceptable agreement. This normally starts off with exploring all of the possible options. With the assistance of the mediator, you and your spouse will discuss the options and narrow down which ones will work best for both of you. Once a reasonable agreement has been made, the mediator then moves onto the conclusion stage.

The Conclusion Stage

During the final stage, the agreement is then written up and given to you and your spouse. If the issues in your case are relatively simple, your mediator may give you the opportunity to sign the agreement before you leave which concludes the process. However, you have a right to refuse and may take the agreement to an independent advisor to get them to check that everything is fair.

It’s a Simple Process

As you can see, the mediation process is simple and a much better option when compared to attending court, which some people can find rather daunting. It’s cost-effective and a way of resolving a situation that neither you nor your spouse wants to draw out any more than it needs to take. Remember, if you’re based in Essex, we highly recommend getting in touch with THB Legal and their expert team of mediators.