Posted on 03/02/2011
Most of us know someone who has experienced divorce or separation. Couples who started out with the expectation that their relationship would be lasting come up against difficulties that destroy those hopes. Mindful of what is at stake for themselves and most importantly their children, many make efforts to put things right, perhaps with the help of families, friends or counsellors.When these efforts fail, communication breaks down and despair, anger and anxiety take over. Divorce or separation is seen as the only way forward.
Richard and Emma were at this point. Emma consulted her solicitor Janet, asking her to act for her.Emma was desperately anxious about the children - with whom they should live, what contact they would have with each parent. Richard’s full time and her part time incomes had just covered the mortgage and family expenses. Now two homes were needed. If the children lived with her, how could she house and keep them?
As her income was low, Emma asked for legal aid. Janet explained that she could not seek legal aid until Emma had been to a session to hear about mediation as a way of resolving the many issues.
Janet contacted the Mediation Service for Emma and the mediator explained to her and [separately] to Richard how mediation works.
A confidential meeting was set up where both parties met with an impartial mediator.The mediator did not make judgements, nor did he make decisions for the couple.
At the end of mediation, the couple arrived at some proposals about their future.During the sessions, a way of enabling Richard and Emma to live separately but still retain their parenting roles was worked out. Each took the record of the mediation to their solicitor who drew up the legally binding agreement.
Emma’s income was low and she was eligible for free mediation. Richard’s was higher and he had to pay. However, the cost of the mediation was far less than the cost of litigation and both parties appreciated the fact that they were in control of the decisions made.
Bristol Family Mediators and their sister company, Business Mediation Matters, offer mediation services across a wide range of legal disputes.