The actual process of divorce can be relatively straightforward with couples able to perform the task themselves with out professional assistance for as little as £400. Sadly 40% of marriages end in divorce.
However, many couples do not go down this route as they may lack understanding of what is required by the courts, fear of the legal process or that emotions are running so high that their lives are part of a battleground. They often go to solicitors in order to protect themselves and to obtain the best possible outcome for themselves. Solicitors are not allowed to act for both sides, as they are obliged to act in their clients' best interests and representing both parties would be a conflict of interests.
Ofcourse, the downside of employing two solicitors is that the bill is much higher. Employing solicitors is necessary but can cause great stress. The code of practice of the Solicitors Family Law Association talks of clients seeing "assertive letters between solicitors as aggressive declarations of war.” The difficulties are clear.
A mediator is an independent and neutral negotiator, who is able to talk to both sides and who works for the benefit of the whole family. As there is just one mediator, he or she will have a clear idea of the feelings, wishes, hopes and fears of both parties.
As there are not two lawyers sending demanding letters to each other, the process can be quicker, less expensive and less aggressive. This last point is particularly important where children are involved, because the parents will have a continuing relationship for as long as they both are providing parental care.The mediator will gather all the relevant financial information and, by using his or her knowledge and negotiating skills, try to draw the two sides together into a sensible, fair and practical agreement that will be acceptable to both of them and to the Courts.
Chief Editor
http://onlinelibrary.wiley.com/doi/10.1111/j.1468-2230.1996.tb02694.x/pdf
https://en.wikipedia.org/wiki/Civil_Procedure_Rules
