At the outset it is important to note that mediation is not relationship counselling. The reasons why a relationship has broken down or whether it can be salvaged are not discussed as they are irrelevant.
You can avail of family mediation for free. Both parties sit down together and the meeting is facilitated by a trained mediator to assist you in negotiating your own terms of settlement.
A helpful booklet on family mediation can be found on the Legal Aid Board website. Both parties are expected to provide full financial disclosure. Anything that is discussed during mediation is on a ‘without prejudice’ basis and therefore cannot be used against either party if the matter proceeds to litigation.
A Solicitor’s role in mediation
Whilst a solicitor does not attend a mediation session with you, we can review the other party’s financial disclosure and advise you on any proposed mediated agreement before you sign it.
We can also assist you by drafting the necessary court documents for a divorce on consent which is essentially a divorce based on the terms agreed in mediation.
The Upside
By getting both parties in a room together (as opposed to legal letters flying back and forth between solicitors), many couples are able to reach a compromise on certain matters. Perhaps not everything is resolved, but you both have a better idea of what you will and won’t compromise on, and this can assist in the divorce process.
Family law mediation is free, so you can resolve some or all matters without incurring legal fees.
The Downside
It is important to note that while pensions can be included in a mediated agreement, such an agreement is not legally enforceable. Only a judicial separation or divorce can deal with pensions.
At Liston Family Law, as the specialist divorce solicitors Limerick, Ennis and Nenagh we strongly advocate for our clients to engage in settlement negotiations and mediation when appropriate. You are the best placed to know your family and what will or won’t work for everyone. If an agreement cannot be reached, we will guide you through the divorce process and help you achieve a settlement that is right for you and for your family.
If you would like to discuss the mediation process and how Liston Family Law can assist you, please contact us.