Mediation and divorce

Avoiding the courts

Couples going through a divorce are a difficult and emotional time. Some parties wish to complete their divorce quickly and get on with their new chapter without attending court. In some cases, divorces can be completed without the involvement of the courts if both parties agree on everything. Everyone would like to avoid attending court to resolve their differences, but this is not always the case. If parties cannot agree on financial decisions or custody arrangements, usually the courts will have to be involved. But there are options. Here we talk about mediation.

What is family mediation?

Mediation is now the most common way of helping parties agree on making financial settlements and arrangements for children during a divorce without going to court. Mediators are impartial, they do not take sides and will act as a third neutral person in the sessions. Although they are unable to give legal advice, they can explain the legal possibilities and how other couples may have resolved issues in comparable situations.

By recognising and exploring any disputes, mediators manage the process and help guide couples giving them the best chance of agreeing on everything. Family mediation is dependant on the willingness of all parties to enter a safe and respectful space. If you have history of domestic abuse in your relationship, mediation will not be an option.

When getting divorced, you will need to attend a Mediation Information and Assessment Meeting (MIAM) to see if mediation could work for you. You and your former partner can attend a MIAM together or separately.

How Keelys can help

Getting early advice is crucial. We are happy to have a without prejudice meeting with you at an early stage (even if you are not ready to start the divorce process) to outline your legal rights and to guide you to the points which you should consider and to give you the general advice which will help you to decide your next step. We are members of Resolution and as such, are committed to working in a progressive, mindful manner through the divorce and associated proceedings.

For more information and advice. Call us on 01543 420490 or visit:

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