Wednesday, October 9, 2013

Consider mediation before you instruct a lawyer

Mediation is now a standard option within the divorce process. This is for a very good reason. If you and your ex can agree on the key issues (with or without a mediator) – the arrangements for any children, who has the house, what to do about savings, money and pensions etc – all the lawyers really have to do is draw up the agreements and the need for a full court hearing (with all the expense and risk of disappointment involved) is avoided.

 You may want to make sure you understand your legal position before you consider mediation. It can also
help to be clear about your financial and other matters as
well, to help agree a settlement. Instructing a lawyer first is an option; a mediator may also suggest this during
the process as it can help both parties agree. However, many mediators are also trained lawyers and will help you to sense check the proposed agreements to help
make sure you are happy with what is agreed in the longer term.


 And you need to be careful about going into mediation with a fixed idea of what a court would decide; mediation works best if both people keep an open mind
and are committed to finding a solution that works for everyone.

 Again, if you have a mediated settlement, you may reduce your legal costs. However, it is important to note that mediation is not always free and you should be
clear about the costs and how it could link to any legal advice before you start. Even if you do not reach a mediated settlement, you will at least have a clearer idea
to give to your lawyer about what to expect from your ex. 

No comments:

Post a Comment