Understanding the mediation process in Scotland

After a relationship breakdown, couples can find it difficult to agree on a range of matters including care arrangements for children, child maintenance payments and how to divide the finances. Many couples can experience conflict. Mediation offers families the opportunity to reach their own arrangements with the intervention of an independent third person. In this blog, we will look at the aims of mediation, the benefits of the process, what the mediator does and who mediation is useful for. Our family solicitor Judith Higson is an Accredited Family Law Mediator. If you would like to speak to her or book an appointment in our offices Hamilton, West End or Saltmarket at Merchant City, please call 0141 374 2121.

What is mediation?

Mediation is an alternative method for resolving issues between couples who are divorcing or separating.

For mediation to work effectively, both parties must be willing to put aside their differences, participate fully, and be open and honest about any concerns they may have. The trained mediator will assist with sorting out any disagreements and will remain impartial throughout.

If you and your ex-spouse are struggling to agree on the division of finances, what to do with the family home, where your child will live, or how often you will get to see them, get in touch with Scullion LAW family solicitors today for qualified legal advice. Judith is 

What does the mediation process aim to do?

Mediation aims to improve communication, reduce conflict, resolve disagreements on future arrangements and find solutions which works for both parties and the whole family. When there are children involved, one of the main concerns will be the children’s welfare and how to go through a separation with the least amount of disruption as possible. By choosing to use the mediation process, you and your ex-partner can focus on putting the children’s needs first, which makes the separation less stressful for everyone involved.

The benefits of mediation

Not only can mediation be very successful in helping resolve family disputes quickly, but those who use this process often find it easier to stick to that agreement than when something is decided by a third party, such as a judge. It can also be one of the cheaper routes to reaching an agreement, helping families to avoid long, emotional and expensive legal battles. So there are many benefits. 

Mediation puts those involved in control of the outcome, allowing couples to communicate in more detail and explain what they hope to achieve without the interference of the court. Additionally, the process can help couples maintain a healthy relationship after separation by encouraging early resolution of conflict in an unbiased setting. Mediation can be a positive alternative to court, allowing you to divorce with dignity. 

What does the mediator do?

Mediation involves an independent third party – the mediator – who helps separating couples work out how to resolve any disputes.

The mediator does not legally advise either party, take sides or make judgements, but instead, is there to support those involved by ensuring that both parties get a chance to communicate what is important to them, so they can make practical plans for the future.

Mediation is a confidential process whereby any discussions are not disclosed outside the mediation hearing unless both parties agree to it or if there are issues concerning a child’s safety.

Who is mediation for?

While mediation is primarily there to help separating couples sort out future arrangements… a family breakdown can take an emotional toll on all family members involved. Recent statistics suggest that up to one million grandparents in the UK are split from their grandchildren following a family separation. Mediation is open to anyone affected by a change in family dynamics and supports parents, children, grandparents and other family members. 

Contact Scullion LAW Expert Family Law Solicitors Glasgow & Hamilton

If you are going through a separation and want to know more about the mediation process and whether it is right for you please speak to us in confidence to explore your options. At Scullion LAW, we are delighted to have Judith Higson who is as an Accredited and experienced Family Law Mediator. Get in touch with our specialist team today via the online enquiry form.

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0141 374 2121

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0141 374 2121