Mediation as a solution for child custody and visitation
Separation and divorce can be a very emotionally traumatic time for both parents and children. There are so many different issues that can occur following separation and divorce that parents are sometimes overwhelmed by the process and can retreat into inaction.
High profile media divorce and separation cases have shown very vividly the harm that can occur from an approach that does not consider mediation.
What is clear is that an active, rather than a passive, approach is essential to divorce and separation. It is important that you are clear about your aims, priorities and what you want to achieve through the separation and divorce process.
Court, or legal avenues, should not be your first form of action when considering how to proceed. Mediation is often overlooked by parents, but it can provide a most sensible and cost-effective method of proceeding. In fact, to qualify for legal aid you most often have to have shown that you have been through a period of mediation. Perhaps the biggest advantage of mediation is that it is much less costly than other forms of legal action, but that is by no means the only plus point.
Experience has shown that mediation can be a very powerful method of healing disputes between partners and can actually achieve a result which is most beneficial to the needs of the child.
Mediation involves a series of structured sessions with a trained mediator. These sessions cover a variety of issues including finance, custody and visitation.
Whilst mediation is not a substitute for a formally constituted divorce, mediation processes can help parents undergoing divorce think about, and resolve, issues without expensive legal bills. Mediation is child-centred and involves putting the needs of the child first.
This approach helps couples to consider what is most important to them through making the child’s requirements paramount. If children are older, it may even be possible to involve them in the mediation procedure.
Mediation does require both parties to approach the process with a degree of honesty. In particular, full financial disclosure is necessary if mediation is to be successful. Having said this, mediation is an open-ended process which either party is free to leave at any point to seek legal, or other, forms of advice.
Limiting the impact on children after relationship separation
The proof suggests that the impacts of separation on kids can be restricted, and the kid can emerge devoid of any long term damage.
Although there is no extensive formula to follow to make sure a favorable result for the kid, a variety of crucial elements appear to be connected with this:
Proficient and warm parenting from both moms and dads
Continuing excellent relations and co-operation in between moms and dads
Social assistance for the kid such as extended friends and family
As a firm of dedicated professional mediation experts, we have the experience and motivation to offer highly effective services to help you to resolve a family, community, civil or commercial dispute. Fundamentally, the mediation process has been devised to encourage a satisfactory self-resolution to be reached between disputing parties, efficiently and cost effectively without the need of expensive litigation.
Barclay DeVere provides mediation at a local level – seven-days a week – at a time and place best suited to the participants. We listen to the concerns of all the individuals involved in a dispute, and encourage you to reach a satisfactory conclusion that will resolve matters in a way that is most acceptable to all. We will promote free and open discussion that will help disputing parties to understand their opponent’s viewpoint, and assist their efforts to reach an agreeable solution to resolve the issues.
By listening to all points-of-view and by considering the concerns of everyone involved, the role of our mediator is to act as an unbiased intermediary unbiased intermediary work with you in an attempt to settle your differences amicably, in the best interests of all sides without the need for costly court intervention
Family Mediation Resolution for children matters
Mediation is a cost-effective method of resolving problems. It may also be possible to be eligible for legal aid when applying for mediation.
Practically, mediation involves consultation between you and your ex-partner. This is usually in the same room but it is not unknown for mediators to go from room to room if partners can not agree to be in the same place.
Mediation covers issues such as financial issues and also contact orders. It is not always possible for partners to agree to such things straight away, but mediation initiates the conversation and it is often possible for partners to find a mutual space where consensus is possible.
A Memorandum of Understanding, or alternatively a Statement of Outcome can result from mediation. After agreeing on such a document you will probably need to seek legal advice so that the document can become binding.