Family Mediation In Scotland
If your relationship is ending in separation or divorce
, you and your ex-spouse will be facing a number of decisions. Amongst other things, the division of assets, matrimonial property and the day-to-day care of children will all need to be arranged.If it is not possible to do make these arrangements amicably, some may automatically assume the next step is to take legal action through the courts. However, there is another option available, as it may be possible to work through your differences via mediation - a useful and effective method of dispute resolution.
What Is Family Mediation?
Mediation is a form of alternative dispute resolution, meaning it may be used by those who are unable to reach an agreement upon certain issues because communication has broken down. Therefore mediation is not like marriage counselling, as it is not intended to keep couples together. Instead, it aims to provide a forum where each party can air their grievances, discuss possible solutions and (hopefully) reach a successful conclusion.
And it is not only divorcing couples who may find mediation helpful. Indeed, the process is designed to minimise conflict throughout the family. Thus it is not uncommon for grandparents, step-parents and, where appropriate, children to be involved in mediation proceedings.
What Does The Mediation Process Involve?
If conflicting family members agree to mediation, the first step will be to have a professional mediator appointed to your case. This mediator will remain impartial at all times, and thus is simply there to guide proceedings - he/she will not be able to make decisions on your behalf.
The conflicting individuals and the mediator will then meet in a neutral location. Each party will have a chance to say what is on their mind, voice their concerns, and share possible solutions. As the independent third party, the mediator will ensure each person is heard fully and fairly, encouraging the discussion to progress in a calm and composed fashion. This will continue over a number of meetings, depending upon the extent issues which need to be resolved.
As the process continues, it is hoped the parties will work towards an agreement, thereby resolving the dispute without having to go to court. Nevertheless, it is important that this is a mutually acceptable conclusion, meaning it must be something both sides are happy with.
Why Is Mediation Useful?
Mediation is, therefore, an extremely useful tool for those who are trying to work through the breakdown of a relationship. Indeed, it offers a number of benefits, some of which include:-
* Money, as it is more cost-effective than court proceedings;
* Speed, as a successful resolution is often achieved in around three to four meetings;
* Relationship preservation, as it helps to minimise conflict;
* Confidentiality, as it what is said in family mediation may not be used in civil proceedings unless both parties agree, or unless a child's safety is at risk;
* Control, as with mediation both parties may have their say. This is opposed to civil litigation where control is given entirely to the court.
Speak to a solicitor today for further information.
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