Popular Mediation Birch Questions Answered Here
Here are the most frequently asked question about divorce and divorce mediation option, so feel free to go through each of them to clear any doubt that you might have:
Q1: Can I get a divorce?
A: Divorce is only granted under very limited and special conditions and you need to be married to your spouse for more than a year. So, if you satisfy the different grounds of divorce then you will be able to file for a divorce. This is a process that can be discussed in mediation but normally dealt with by a Family Solicitor.
Q2: Who will grant the divorce?
A: The family court that can grant you a divorce. Your divorce case will be examined by the court, and the verdict of the judge will be the final word.
Q3: I don’t want anyone to know that we are getting a divorce. Can I do it without going to the court?
A: Yes you can, as there are many “no court” divorce options (mainly confidential) which will allow you and your spouse to settle all the matters related to the divorce case in some other place expect the court. Here consulting with your Solicitor will be helpful as they can tell you which option will be suitable according to your divorce case.
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Q4: Can we both hire the same Solicitor?
A: This is not allowed due to conflict of interest. You must go with separate solicitors if you want to go ahead with the divorce proceedings.
Q5: I don’t want my children to suffer. What can I do?
A: When child custody and/or child support is involved with the divorce case, then things are not just about you and your spouse. You both have to come to an agreement that is beneficial for both of you and your children.
The best way to resolve any problem is by taking help of the divorce mediation option.
Q6: What is this mediation option?
A: Mediation is generally required by the court in such divorce cases that are having problems with settling the matters around finances and children matters.
The mediation is conducted by a mediator who will help you and your spouse to talk about the issues that you are having.
The mediator stays neutral and will aid both the parties without being bias to ensure that both parties can resolve the issue and legally end the marriage quickly, and without any sort of hard feelings.
Q7: Do I really need mediation when I already have a Solicitor to help me?
A: Yes it is true that going with the mediation option is not a compulsory process in a divorce case. And your lawyer will be able to guide you through the legal divorce process. But, with the mediation option, you will be able to make all the decision yourself. And thus, you can control the issues according to your own wishes and needs.
Besides, mediation is always cheaper, quicker, and of course, less stressful than going with a lawyer.
In Mediation you control the decisions
Q8: Will mediation save my marriage?
A: No, it will not save your marriage, but it will most definitely make sure that the points of dissagreement is conducted peacefully and successfully by a trained impartial person.
Q9: Do I have to represent myself when I will be communicating with the mediator?
A: There is no need to bring your lawyers when you will be communicating with a mediator. But, here it should be mentioned that you can bring them if you are not comfortable being alone.
In fact, you can even bring other professionals (like financial specialist or divorce coach) who are helping you to have a smooth divorce proceeding.
Q10: What are the issues that I can discuss with the mediator and my spouse?
A: With mediation option, both your spouse and you can talk about any sort of matter that you cannot agree on. The most common issues that are covered by the mediation option during a divorce case are child maintenance or support, child custody and/or parenting time, distribution of property (both liabilities and assets) and issues related to retirement and taxes and such others.
Q11: Will going with mediation option be an expensive affair?
A: Firstly, you will have to attend the first meeting where everything related to the mediation process and the benefits you are getting through it will be explained.
This is done so that you can take full advantage of this option for your divorce case.
But, do not worry as the mediation charges are cost effective.
Q12: How will the first meeting go?
Will my spouse show up?
A: The first meeting does not go on for hours. The mediator will effectually explain everything and wrap up the meeting within 30 to 40 minutes. And no, the other party will not show up in your first meetings.
The other party will have their very own first meeting in another day/time. But, if you and your spouse want to attend the meeting together then do know that something like that can be arranged.
Q13: How long do these mediation meetings last?
A: You can sit in a mediation meeting after you have received all the related information in the first (introduction) meeting. The meetings do not last for a long time. In case of an issue that is taking too much time to settle, you may have to sit in a meeting for 1 or 2 hours.
But, if you and your spouse are co-operating, then the meeting may get ended quickly (30 minutes maximum). The meetings are only held during the day and time which suits both the parties.
Q14: Do I have to attend the full mediation process? What will happen if I don’t want to anymore?
A: Besides being a confidential type of divorce option, the mediation option also happens to be flexible. Thus, it is a voluntary process and if you do not want to continue with it, then no one will force you to go through it.
Q15: Are you bound by the outcomes of mediation?
No, the parties are not bound by anything in the mediation unless and up until they accept a negotiation and sign a settlement contract.
Q16: AT WHICH PHASES OF A CONFLICT CAN MEDIATION BE USED?
Mediation can be made use of at any kind of phase of a conflict. Thus, it can be selected as the very first step in the direction of looking for a resolution of the dispute after any type of settlements performed by the parties alone have actually fallen short. Mediation can likewise be used at any moment throughout lawsuits or settlement where the parties desire to disrupt the lawsuits or adjudication to explore the opportunity of negotiation.
Another typical use mediation is more comparable to dispute avoidance than dispute resolution. Parties might seek the assistance of a mediator throughout settlements for an agreement where the arrangements have actually gotten to an impasse, however where the parties consider it to be clear in their financial passions to agree (for example, settlements on the royalty price to apply on the renewal of a certificate).
Q17: THE LANGUAGE USED IN THE MEDIATION
The parties decide the language in which the mediation will certainly take place. They may choose a solitary language or they might pick to make use of 2 languages as well as to have interpretation, although the last choice will certainly raise the costs of performing the process.
Q18: When should I utilize mediation?
Mediation ought to be utilized when it shows up that than considering lawsuits or even more formal practices your conflict can not be solved.
Q19: What are the advantages of mediation?
There are numerous advantages of mediation when compared to civil/commercial litigation or other a lot more formal methods, the major ones are as adheres to; it is more affordable, quicker, less stressful, less harmful, you regulate the process, it is confidential and also lacks bias.
Q20: Just how much cash and time can I save?
The earlier you choose to make use of mediation, the most likely you are to see an enhanced conserving.