Mediation and Divorce – Communication is Key
On Tipp FM John M. Lynch spoke to Liam on “Tipp Today” about non-court options on separation or divorce.
Listen to John’s discussion:
[soundcloud id=’165875622′]Communication is key to a good marriage – and a good divorce.
Trying to reach agreement when a relationship has broken down isn’t always easy and the Court system is not the best way to resolve family law disputes.
We have seen a huge growth in alternative dispute resolution, which is an alternative way of resolving disputes instead of going to Court. Mediation, in particular, is proving very successful.
Mediation brings the couple together round a table right from the start and can nip in the bud a dispute before it starts or resolve a dispute that has already started.
Revenge costs money
Mediation can be undertaken at any time, but, I think that timing of mediation is important. Often in a marriage breakup, there is one party who is furious or bitter. This does recede over time especially when we explain how much revenge can cost!
Control your future
Mediation can help put you in control of your own destiny.An outcome can be achieved in the course of a DAY! It may take months and sometimes years to resolve a disagreement in court, whereas mediation can be paced according to the parties’ needs and schedule.
A lot of unnecessary court time is taken up by warring couples refusing to agree a settlement and dragging each other through as long a process as possible. Mediation can help avoid this.
You must also remember that where there are children involved you will have to face your ex at communions, confirmations and weddings, therefore preserving an amicable relationship is important.
A mediator is not a Judge
Family mediation should not be confused with relationship counselling. It is nothing to do with why the relationship ended, rather it is a time and a place to sit down and discuss the consequences of that breakdown and try and resolve issues such as how this affects finances or children. Mediators are not allowed to give legal advice, but there are many mediators who are also experienced family lawyers, and this may help guide the discussions. A mediator is not a judge, and is not allowed to make the decision. They remain neutral.
Solicitor assisted mediation
There are many cases where one party feels intimidated by the idea of facing their partner and having to make decisions which will affect their future without having support there. This is why we regularly attend Mediations with Clients. We are on hand to offer legal advice during the mediation and we are then available to legalise the mediated agreement on the same day.
Step up to the Plate!
Mediation will only work well if you are both willing, and open to compromise.
The relationship may have broken down but that does not mean that you cannot both behave like adults and try to find a pragmatic resolution before moving on with your lives.
What are your options?
If you, or someone you know is interested in exploring their rights on marriage breakdown please feel free to contact us . At Lynch Solicitors we have over 30 years experience of acting in Family Law to achieve the results you want.
As well as offering a mediation service by our accredited mediator John M. Lynch, we also work alongside family mediators to ensure you receive the best possible support through your divorce or separation.
Click here to read our guide to marital breakdown.
Contact Us
[custom_frame_left] [custom_frame_left]For further information contact John M. Lynch at reception@lynchsolicitors.ie or telephone (052) 6124344
The material in this article is for general information only and is not legal or professional advice. While every care has been taken, we advise you to seek specific advice from us.
Hi
I’m looking to get our mediation agreement as a legal contract. Can you advise how I go about doing this?
The mediator should be able to complete a binding mediation agreement. However , some elements may need a Court order.