What is mediation in divorce and how does it work?
Kelly Grigg, a family lawyer at Richard Nelson LLP, outlines the meaning of mediation in divorce law and the process. Grigg also explains what happens and what to expect in mediation.
Richard Nelson LLP is a leading firm for 2021, part of the legal 500. Our family lawyers have been accredited by the Law Society for Family Law and Children Law.
What is mediation?
Mediation is a process where you and your ex can explore whether you can settle issues between you by negotiation, with the assistance of an impartial third party present during negotiations.
How does mediation work?
The Mediator does not give legal advice. They try to help you find your own solutions, which may be better for you and the family in the long-run, compared to an order which is imposed on you by a judge which you will have no control over.
What happens in mediation
- It helps to end the relationship amicably
- Reduces tensions and conflict
- Resolve or narrows areas of disagreement
- Aids communication
- Allows you some control
- Nowadays, mediation must be tried before making certain applications to the court
How long does meditation take and how much does it cost?
Legal aid may be available to cover the cost of mediation. If you are not eligible, the mediator will inform you of their charging rates at your initial appointment. This is known as a MIAM which is short for Mediation Information and Assessment Meeting.
During MIAM, the mediator will also determine if mediation is appropriate in the circumstances. For example, if domestic abuse is alleged by one party then mediation will not be considered suitable.
When should you obtain legal advice?
Mediation works best when it is supported by legal advice. Mediators cannot give that advice. Solicitors can help clients through the mediation process by advising on whether the proposals are appropriate, ensuring that proper disclosure has been made.
Any agreement reached at mediation is not legally binding until recorded in a Court order which you will need the solicitors help to prepare.
Work with a family law specialist
Kelly Grigg is a family solicitor with a wealth of experience helping a wide range of clients on family law matters.
With years of experience comes the understanding that every family is different. Kelly offers assistance and representation at court on family law matters including divorce and separation; pre- and post-nuptial agreements; children matters; unmarried couples; financial matters; and domestic abuse and protection orders.
At what is a stressful and emotional time, Kelly prides herself in avoiding legal speak. She will clearly explain your options and the processes involved, so you feel in control every step of the way.
Kelly understands that family life can be hectic at the best of times and is happy to make arrangements for out of hours appointments where needed.
“I really can’t thank you enough for all you have done for me with my divorce. The process has been made easier by your understanding of my situation and the care you have provided. I breathe a sigh of relief that it’s nearly over and my future is a whole lot happier and brighter.”
“Kelly is a professional, friendly and supportive Solicitor. She helped my son gain access to his daughter, advising him every step of the way. I would highly recommend Kelly.”