Mediation,MediationIf,your,rel law Mediation
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MediationIf your relationship hasbroken down and you have come to the point when you need a third party to helpyou reach agreement, seeking professional mediation could be a solution. Choosing a mediator is becomingmore and more popular nowadays because of the helpful role they can play in domesticrelations disagreements, whether they concern divorce, child custody orvisitation issues. While couples usually seek mediation voluntarily,occasionally it may be ordered by the judge if settlement is proving hard toachieve. So what is mediation andwhat is it not?Potential misconceptions.Mediation attempts toresolve a legal dispute between two parties through active participation of aprofessional mediator, acting as a third party. It should not be confused witharbitration in which the third party adopts a role similar to that of an out-of-courtjudge, without actively participating in the dialogue. Mediation is not a form ofcounselling to restore a relationship; hence, the assumption is that the coupleseeking it has agreed to part. Although professionalmediation can be costly, it considerably reduces the duration of the courtproceedings,which tend to be more pricey and can be emotionally exhausting. Prior mediation can lead to an earlysettlement, thanks to which a couple can avoid a lengthy court trial. Impartiality.It should be emphasised thata mediation process is entirely impartial. While mediators participate in thediscussion, they do this solely in order to elicit a mutual agreement, ratherthan to take sides. As a result, there are no winners or losers at the endof mediation; instead there is a feasible compromise regarding the mattersdiscussed. Confidentiality.What you say in mediationremains strictly confidential, unless both sides agree to share it with a thirdparty. If a mediation process turns out to be unsuccessful, the mattersdiscussed cannot be used in court, except for facts concerning income and property.Nevertheless, a mediator has the right to involve police or social services,should they decide a child or an adult is exposed to harm. Benefits. The main benefit ofmediation is that it improves communication between both partners; it resolvesmisunderstandings, reducing tension and the feelings of anger that are commonlyexperienced. As previously mentioned, an agreement achieved in the course ofmediation means an earlier settlement, so costs and time spent on courtproceedings will be reduced. Shortcomings. Not all issues can beresolved by a mediator, however at least they will be addressed in aprofessional manner and in the presence of a third party. While facing theother side during the process can be traumatic, the general aim is to focus onthe future rather than the past in order to reach a reasonable and faircompromise. Even though it isnt applicable to every case, there is much to begained from trying mediation.Forprofessional and sensitive advice when considering mediation, why not getin touch with a law firm that has expertise in this area, for example Bristol-basedsolicitors,Battrick Clark,who specialisein Family law.
Mediation,MediationIf,your,rel