Mediation

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Mediation

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As of the 6^th April, divorcing couples can no longer automatically refer their dispute to the courts.

QualitySolicitors Martin Tolhurst have long advocated mediation as a method of resolving couples disputes about their children or their finances and it is now a requirement that couples seek mediation before going into court. Court proceeding’s can be lengthy and costly and the confrontational approach can be counter-productive to resolving matrimonial and family issues on an amicable basis. Once it becomes obvious that a couple are going to need the courts assistance with resolving a dispute, solicitors will now be required to send them off to attempt Mediation first.

There are mediation centres across Kent and the South East and Martin Tolhurst has excellent links with mediation suppliers and we can advise you how the mediation process works. Mediation does not stand-alone and it is important that discussion’s you are having via a mediator are backed up with legal advice to ensure you obtain an agreement that is acceptable to you and appropriate to your circumstances.

Where mediation takes place regarding financial matters, it is vital that the courts verify any agreement reached. Martin Tolhurst solicitors can work with you to prepare a version of the agreement for presentation to a Judge. Once you have that document agreed by a Judge it will be binding, allowing both parties to move on with their lives with their future financial position protected.

Of course, there will always be some matters where mediation will not be suitable, for example in domestic violence situations or where it is apparent very quickly that one party has no intention of entering into the mediation process or any form of negotiation at all. In those cases it is possible for solicitors to advise the Court that mediation is not appropriate and the matter will need to be pursued through the Court and we can guide you through that process.

Mediation success rates are high. Between 75% and 85% of disputes can settle with the help of a mediator but achieving a successful result also requires having expert legal advice so that you can be sure that the settlement is reasonable and takes into account the factor’s that the court would apply, that as far as possible the division meets the welfare needs of both parties.

At QualitySolicitors Martin Tolhurst we welcome the change to a less confrontational method of dealing with family disputes. We want to work with families as they resolve the difficult issues that arise on separation and divorce and believe that effective legal advice and mediation where necessary are the best way of achieving an amicable settlement where possible.

If you would like to arrange a free consultation to speak with one of our family solicitors then please telephone 0800 0271452.