Mediation – What is it?

The ethos behind mediation is to empower families to make their own decisions, rather than being told what to do by somebody else or relying on court proceedings.

Mediation can break through communication difficulties and help people to resolve issues more easily in the future.

What are the benefits of mediation?

There are lots of advantages to using mediation to try and resolve an area of dispute. To begin with, the process is often much quicker and cheaper than the more traditional options. It also enables people to have a real involvement in sorting out their problems, so they are more comfortable with any outcome.

If you have to go to court to resolve a dispute then the Judge will make decisions about what should happen and one or both parties may not be happy with the outcome. Mediation gives you the opportunity to try and find a solution which is right for both of you.

What can we mediate about?

Mediation can assist with all areas of family disputes including those relating to children, finances and separation. The process is open to people whether they are married or not.

Mediation is not a substitute for legal advice and indeed mediation will often run along side a solicitor’s involvement. The mediator will not give legal advice to the clients, but can offer information to help you reach an agreement.

Do I have to use mediation?

Yes and no. Mediation is first and foremost a voluntary process. If either party is not prepared to talk about a problem, then the process is probably not the right way forward; you need to be prepared to discuss and negotiate to try and get past the issue.

However, new rules have been introduced which mean that before any person can issue an application to court about children or financial matters, they must first show the court that they have considered mediation and whether it could help in their case.

There are some exceptions, but on the whole the Judge will want to know that the parties have done all they can to sort out any problems between themselves before involving the court.

To find out more about how our mediation solicitors in York and Boroughbridge can help you, please contact us.

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