For many years, the first working day of the new year has been dubbed ‘Divorce Day’ as couples make the big decision to separate after the holiday period is over. Once the decision is taken, there is great anxiety for things to move forward as quickly as possible towards the final moments of this phase of life. But this year, things are different.
Going against the anxious desire of those involved to finalise all legal matters so they are ready to start their new lives, the courts are facing a huge backlog in processing family cases. Cases involving children are given priority, so even other more complex issues may need to wait weeks or even months to be analysed – courts are also taking weeks to respond to correspondence. With all these delays, it could feel like divorce is a lost cause this year, but there are alternative options available.
What is the alternative path as a solution?
In cases where both parties want to speed up the process and are not willing to wait for the delayed judicial time, there is the possibility of following the path of effective communication using solicitors who will work as representatives of this mediation. The solicitors can facilitate round table meetings to help reach an agreement.
Going against the anxious desire of those involved to finalise all legal matters so they are ready to start their new lives, the courts are facing a huge backlog in processing family cases. Cases involving children are given priority, so even other more complex issues may need to wait weeks or even months to be analysed – courts are also taking weeks to respond to correspondence. With all these delays, it could feel like divorce is a lost cause this year, but there are alternative options available.
What is a court mediation?
Mediation is a confidential process that gives the parties control over the outcome. Mediators can provide participants with information about what the law says in specific or available circumstances. A mediator is not able to make a decision about what should happen, but they are able to help guide both parties to a satisfactory and positive decision.
Going against the anxious desire of those involved to finalise all legal matters so they are ready to start their new lives, the courts are facing a huge backlog in processing family cases. Cases involving children are given priority, so even other more complex issues may need to wait weeks or even months to be analysed – courts are also taking weeks to respond to correspondence. With all these delays, it could feel like divorce is a lost cause this year, but there are alternative options available.
How does this job work?
There are two main ways in which mediators assist parties in their own decision, which correspond to two types or models of mediation practiced around the world.
Under the first model, facilitative mediation, the mediator strives to facilitate communication between the parties and help each side understand the other’s perspective, position, and interests in relation to the dispute.
Under the second model, evaluative mediation, the mediator provides a non-binding assessment or dispute assessment, which the parties are free to accept or reject as the dispute resolution.
It is up to the parties to decide which of these two models of mediation they wish to follow. The client will still have control over the next actions of the process and the results, if something is against their will, it will be up to them to refuse.
What will the process of effective communication be like?
Meditation is also a key part in initiating the court process as most often people are required to attend at a minimum of one mediation session unless exempt before they are allowed to make an application to court. The round tables for debating the future of the process and decision-making with mediators could be the beginning of the best alternative to speed up and simplify the process and optimises effective communication between the parties.
Do both parties need to be present at the conciliation round table?
If proven through facts that one of the partners acted with aggression and disrespect in the relationship, limitations in the process may be required, being mandatory that there is a voice of both parties for decision making.
Going against the anxious desire of those involved to finalise all legal matters so they are ready to start their new lives, the courts are facing a huge backlog in processing family cases. Cases involving children are given priority, so even other more complex issues may need to wait weeks or even months to be analysed – courts are also taking weeks to respond to correspondence. With all these delays, it could feel like divorce is a lost cause this year, but there are alternative options available.
What is the difference between mediation and conciliation?
Conciliation is a process similar to mediation, but here the third party – the conciliator – takes a more active role. It is not uncommon, if the parties cannot find a settlement themselves, for the conciliator to make a non-binding recommendation. As a result, it is akin to mediation which, if unsuccessful, is immediately followed by an early neutral evaluation.
For both cases, intervening actively and assertively by a professional prepared to streamline processes and shorten the path of a new life between the parties is the alternative.
Our team of divorce solicitors can help you to make things move faster and help relieve the stress of waiting for court backlogs to reduce. Call us on 020 3588 3500 to discuss your next steps.