Mediation is a process whereby a qualified, independent and neutral Mediator assists spouses in resolving their differences and reaching an agreement, by working together. In a Divorce, all matters relating to children, finances, property, assets etc. must be agreed before a Judge will grant a Decree of Divorce. The Mediator supports spouses in identifying their issues and explores how those needs can be addressed and ultimately resolved.
Mediation provides a confidential and safe environment for both spouses to air their concerns. The parties and the Mediator agree the terms of the Mediation at the outset and while the format of the Mediation process may vary, it generally comprises of pre-Mediation consultations and joint sessions. Currently Mediation sessions can take place face to face or virtually by video conference.
Mediation can take place at any stage prior to a Divorce once both spouses agree to engage in the process. Generally the earlier the Mediation option is considered, the better for all concerned. When spouses make a decision to Divorce, they are at a critical point and before any commitment is made to work with a particular Solicitor, the benefits of Mediation should be considered.
At Divorce.ie, we embrace the Mediation process at the earliest stage and have found that when Mediation is not considered until later in the process, significant time and money can be wasted without reaching agreement. In such situations, emotions can run high and relationships can become strained. The chances for reaching a successful agreement may have considerably diminished and the likelihood of having to resolve the case in Court is increased. This is very costly and often very detrimental to the relationship between spouses.
The non adversarial nature of Mediation can be very beneficial for children of divorcing spouses as it minimises the level of conflict and allows the spouses to come to a comprehensive agreement about all matters concerning the children.
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