Today is #ConflictResolutionDay. To mark this we spoke to Solicitor Monneka Tahir about how we can assist separating couples, and the importance of both mediation and solid legal advice in resolving matters that arise as a result of separation. 

Mediation offers a form of dispute resolution which is both productive and non-confrontational. Mediation is voluntary and the objective of mediation is to assist the parties in reaching an agreement over issues of dispute with the assistance of a neutral third party (the mediator). The role of the mediator is not to provide legal advice to the parties as this remains the role of their legal advisers. Rather, the mediator is there to promote discussion and allow an opportunity for each party to raise their views.

The issues of dispute can include:

• Child arrangements
• Dealing with a financial settlement associated with a separation/divorce

Whilst there is a cost in attending mediation, the costs of mediation will generally be significantly lower than the cost of negotiating a financial agreement through solicitors. The costs of mediation will certainly be lower than the considerable cost of issuing court proceedings and funding the resulting litigation that arises in those circumstances.

The mediator will work with both parties to identify issues of dispute and seek interests shared by both parties.

In most cases, parties attend mediation without their legal representatives being present however, this does not mean that there will be no guidance throughout and during the process.

Here at Watson Ramsbottom, we can provide you with advice before and after your mediation sessions. We will help with any queries raised by the mediator or the other party by recognising the outcome that you are seeking and advising you accordingly so that you are able to secure the best outcome in your circumstances.

If it is the case that you have been able to reach a matrimonial finance agreement within the mediation sessions, Watson Ramsbottom will work with you to ensure that the agreement can be drawn up into a binding document known as a Consent Order.

Obviously, mediation will not be suitable in all cases. It takes two willing parties to hold a discussion and for you to be sure a settlement is likely to be in your best interests, there will have to be full and truthful disclosure of all relevant financial matters. Steele and Son can refer your case to a good quality mediator and ensure that they are aware of the main issues within your case prior to you meeting with them. Steele and Son can also discuss and help plan with you how to get the most out of the process.

If it is the case that the mediation sessions are unsuccessful, Watson Ramsbottom can work with you to assess other options and alternative forms of resolution.