Mediation Versus Court In Divorce Cases..

By Author: Manches
Total Articles: 4
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When two people get married, their hopes, desires and aspirations seem to emanate from each other. However when things do not work out as expected, their entire world seems to crash around them. The most important thing that leads to the failure of a marriage is communication. A break down of dialogue can make the process of going through a divorce an unpleasant task. This is where mediation by a highly qualified mediation lawyer at Oxfordshire makes the task easy. Mediation is another way for separating couples to sort out issues between themselves without having to go to court. A mediation solicitor helps to open blocked communication channels and aids the couple to arrive at an amicable settlement regarding divorce and important issues arising out of it, like the custody of children and financial settlement. It also helps to cut down on court expenses.

Working through mediation is not designed to bring together a couple that has decided to go their separate ways. The civilities between the couple remain intact for the sake of children, if any, as divorce does not mean the breaking of paternal or maternal relationships ...
... with the children. It only ensures that communication links between the two parties remain open and conducive to arriving at a good settlement of the dispute, outside court. The basic role of a mediation lawyer is to help you identify and arrive at solutions of those problems which have not been resolved and which can not be resolved by a court decision.

You must keep in mind the fact that the mediation solicitor can only advise you about the legal aspects of the case but not outcome of the case. At the onset, you have to sign an Agreement to Mediate, to set the procedure in motion. Once you both have apprised the mediation lawyer about your issues, he or she will seek out more information required to solve the impending issues, for example, cost of buying a new house, arriving at a mutually agreeable contract settlement. The mediation solicitor encourages couples to take the initiate to solve issues outside the mediation platform. Normally at these mediation sessions the divorce solicitors are not present. Whatever happens at these mediations meeting are outside the purview of the courts and so the mediation process is carried on without any prejudice.

After a few meeting and discussions, all impending issues get resolved and now the separating couple is ready to sign a Memorandum of Understanding. This is however not legally binding until both parties have discussed it with their divorce solicitors. Once the divorce lawyers have been consulted over the mediation settlement and the divorce solicitors think that this settlement could be endorsed by the court, the mediators will draw up the minutes of the agreement for the endorsement by the court. Normally there is no need to go to the court for mediation and this brings to an end the entire process. Mediation may be stopped midway if the mediation lawyer feels that either one of the spouses is not disclosing their financial assets completely or if both the parties are not standing on equal bargaining ground and that either one will be getting a raw deal.

Mediation through divorce lawyers or solicitors is advisable as it enables the separating couple to be in control of the process and set the pace for it. It also saves a lot of time and high costs which one would incur if they went to court. It is a good way to arrive at a solution that serves the purpose of each family member affected by the divorce, especially children. It is definitely better to resolve the issues by yourself rather than be forced to abide by an order passed by the court, which may or may not do full justice to your circumstances.

At Manches, a team of divorce mediation lawyers Oxfordshire, tries to bring the best solutions for the separating couples while helping them to solve their issues with a healthy attitude. Contact our experienced mediation divorce solicitors in Oxfordshire.

The Manches family law team prides itself on offering the highest quality of service to clients. It has extremely talented divorce mediation lawyers in Oxfordshire and London - Joanne Edwards at the London office, Alexandra Lewis at the Oxfordshire office and few other specialist mediation divorce solicitors in Oxfordshire and London. They guide separating couples through the entire process and help them to solve their issues, while maintaining a healthy attitude towards each other.