Separating Couples Mediation
Parents retain control of decisions which affect them and their children.
It can be done quickly: may be completed in a few months rather than years which compare to litigation and a much lengthier court process, and allow you both to get on with your new lives.
Costs are considerably more favorable as opposed to less than those of lengthy court proceedings.
Creative input by both participants in mediation allows a flexible approach which is not available through the court system.
Better relationship as mediation improves communication with all involved and facilitates a better outcome that reflects the issues specific to the family as a unit.
Children can benefit as they can have input into the process and by allowing parents to come to their own agreements and certainly foster better relationships.
Separating Couples Mediation
Relationship breakdown can be a stressful and emotional time for a couple. Sometimes couples find it difficult to communicate with each other and therefore with mediation can provide the framework to reach agreement in a safe, confidential, and independent space. A couple will have many decisions to make, for example:
Where do I live?
Where do the children live?
How do we organize a parenting plan?
Where do the pets live?
How do we work out our finances?
How do we divide our assets/loans?
How do we work out maintenance?
Mediation has been shown to be highly successful for couples separating and then prepare for divorce. It can be used to prepare the maintenance agreements, division of assets, parenting plans, and the separation agreement. The benefit of this service is that it normally can be done very quickly which when you consider how long it takes to get before the courts and it can be greatly beneficial to all participants in the dispute. It allows for all parties to have the input and to frame your own agreement which ensures decisions remain in your hands rather than being decided for you on your behalf by a court. The costs are significantly lower than the legal route.
Mediation provides the process to enable the couple to reach agreement between them which can result in a Legal Separation Agreement, while at all times the option to seek Independent Legal advise at any time during the mediation process.
In Mediation the process also allows separating couples to seek a divorce and if agreement is reached this too can be incorporated into a binding agreement.
Mediation is not a counselling or marriage guidance service.
The Mediators Role
The mediator remains impartial at all times The mediator maintains a neutral position and is highly skilled in helping the parties to identify their problems and ask questions whilst facilitating an open discussion to explore the options available to them.
It is not for the mediator to make decisions rather the mediator will guide you through the process whilst supporting both sides, identifying and exploring all the issues relevant to your unique situation.
With the mediator supporting the parties in a dispute, listening, understanding the other side to enable them to reach workable solutions that are long-lasting. The mediator will reality test these solutions to ensure sustainability.
The mediator will ensure all parties are fully informed on the decisions they are making and facilitates them to draw up their mediation agreement if required.
Children In Mediation
Separation can be especially difficult on children and Mediation allows the children to have a voice. Mediation is particularly effective in supporting parents and exploring and devising plans on how best to support the children both during and after the separation process. The process allows many decisions to be made about the children such as where the children live, how time is divided between the parents, education, health, holidays, religion, and extracurricular activities and any other areas of concern affecting the welfare of the children.
How the Proceess Works
Mediation is a process that facilitates separating couples to discuss and reach an agreement on issues that are relevant to them and including finances, children, housing, parenting, living arrangements, education, custody, maintenance, assets, etc. There is a structure and formula in how it is delivered to the parties.
With the help of an experienced mediator, the couple systematically considers each stage to explore the options whilst arriving at their decisions.
Expert advice is encouraged to ensure the separating couple can make an informed decision. These specialist advisors can include Solicitor, Taxation Specialist, Pension advisor, etc. depending on the issues being discussed.
A mediator assists the parties to come to an agreement through collaboration, and engagement in mediation any agreement must be mutually acceptable to both parties.
Mediation can be used to reach the following types of agreements.
Full separation agreement covers all issues resulting from the separation including parenting, accommodation, finances, and maintenance, etc.
Divorce Application agree and prepare to finalise an application
Parenting agreement that addresses parenting issues and supports good parenting models.
Financial agreements that covered the finances, assets, and loans of the couple.
Interim agreements are where the parties make an agreement for a specified time.
Maintenance agreement that addresses maintenance issues.
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