Mediation is a very powerful tool in any kind of negotiation. This is true for international relations as well as things closer to home, such as divorce. Mediation is a means to facilitate discussion when the interested parties are struggling to open a dialogue. This is enabled by the presence of an independent individual, known as the mediator.
Mediation has a number of clear advantages to it. Initially, it ought to produce a neutral discussion, where each interested party engages on an equal platform. This should mean that there are no winners, nor losers. Any arrangement made will therefore be fair.
In the context of a divorce, mediation recognises that the marriage is no longer a viable option, and should not be misconstrued as counselling or guidance for a marriage. These have the aim of rebuilding, which is not the purpose of mediation. Mediation involves the legal practicalities of a divorce. It is evident that a divorce can cause further fundamental antagonisms with regard to finances, the shared home, and children which is why mediation is such a useful option.
Mediation will always take place in a neutral, safe space. The situation will often be treated as an informal discussion, and as a result these discussions are not legally binding. As a result, a solicitor will still be needed in order to ratify any agreement. Fortunately this agreement will be one that both parties will have consented to. Jordan’s family law solicitors provide further information about how the mediation legal process works here.
Mediation ultimately can allow a divorce to proceed much more smoothly than it may do otherwise, sparing the interested parties a lot of strife, and ensuring others who may struggle through a divorce, such as children, have their best interests looked after. This is why in many legal proceedings between two parties that can be considered extra-judicial to an extent are increasingly more inclined to employ a mediator.
Ultimately mediation allows for the fairest outcome, and can prevent what may be a bad situation from becoming worse. Ensuring communication between parties is key to enacting a divorce with the minimum amount of tension, but also a mediator can act to defuse tension simply by treating the situation in a calm manner.
