There is an upward trend in the engaging of a mediator as couples recognise the fact that not arriving at an agreement and having to leave matters to the court increases the cost and time spent in resolving outstanding issues.
Can Mediation help resolve issues relating to finances and children?
Mediators can provide information to couples about the legal process involved and the general principles the court has followed in cases similar to theirs. This assists in giving an indication to the parties as to what they can reasonably expect if they were to go to court and whether they can arrive at an agreement in the same terms without having to spend time and money at court.
What does Family Mediation consist of?
Family mediation consists of a series of discussions held between both parties facilitated by a trained mediator. The aim is to reach an amicable and fair agreement acceptable by both parties. The mediator is impartial and does not make any decisions, rather encourages dialogue between the parties so they can arrive at an agreement best suited to their own particular needs and circumstances.
Family Mediation can help with:
- Reducing any tension and hostility on either side;
- Saving costs and time spent in court;
- Encouraging honest and clear channels of communication;
- Providing appropriate information so that parties can make an informed decision.
The mediator will contact each party and ascertain their agreement to engage in the mediation process. This step is key. Mediation is a voluntary process which parties can engage in if they wish to do so. If either party refuses to engage with the mediation process, then it cannot be forced upon them.
Once the agreement of both parties has been obtained, a schedule of sessions will be agreed upon which suits both parties. This is arranged on a consultancy basis, with most parties requiring between 5-6 sessions (some parties will require more or less sessions, depending on the state of relations between the two and the number of outstanding issues to be resolved). During the sessions, the parties will sit face to face along with the mediator and discuss matters which the mediator will already have been briefed on.
If parties agree in relation to outstanding issues between themselves then an agreement can be drafted by the mediator which the parties sign. This indicates their voluntary participation in the mediation process and their agreement to the provisions contained in the agreement.
As with the participation process itself, the outcome of a mediation process is voluntarily agreed to by both parties. If either party refuses to agree to the offer made by the other party then they are at liberty to do so.
At TWS Legal Consultants, we offer a professional mediation service in respect of all aspects of family matters, including post-nuptial agreements, divorce, custody / guardianship of children and financial arrangements.
Contact us on +971 4 448 4284 to speak with a member of our family law team.