It is not uncommon for disputes to arise when a couple is going through the divorce process. Sometimes, even after the divorce has been finalised, there may be issues that surface between the two parties. This is especially common when children are involved or the couple has shared assets that have to be divided. Shared interests such as these are typically highlighted in the divorce agreement and the terms of the agreement stipulate how assets are to be divided and distinguish the parental responsibilities and rights of each party. If one of the parties wishes to dispute the terms of the divorce agreement after the divorce has been concluded they can choose to either litigate the matter in court, or they can attempt to settle the matter via post-divorce mediation

Post-divorce mediation is a voluntary process that can help parties work through unresolved issues after a divorce. This involves a neutral third party, known as a mediator, who assists the parties in negotiating a resolution to their dispute rather than pursuing legal action. The mediator will typically have a legal background and remains objective throughout the process. Their role is not to make rulings as to which party is in the right, but rather to facilitate the process. The goal is to help parties reach an agreement between themselves, without intervention from the court.

There are several benefits to utilising post-divorce mediation services as opposed to litigation. One advantage is that it allows the parties to have more control over the outcome of the dispute. In a litigation setting, a judge will make a decision that may not fully meet the needs of both parties. One might feel that their concerns are not being addressed as the courts can only make a decision based on the facts presented. In mediation, the parties are able to craft a resolution that works for both of them and they are able to express their feelings to their ex-partner in an environment that is not as formal.

Another benefit is that post-divorce mediation can be more cost-effective and efficient than going to court. Litigation can be a lengthy and expensive process, particularly if there are multiple hearings and appeals. Mediation can often be completed in a shorter timeframe and at a lower cost, provided that the parties are not hindering negotiations out of spite. 

Post-divorce mediation can also be a less confrontational process than litigation. In court, each party has their own attorney advocating their position. When each party is only working towards their own best interest it can create a combative environment. In mediation, the parties work together to find a solution that is mutually agreeable and parties have the opportunity to express themselves and articulate their grievances clearly. This can lead to a more positive and constructive process, where parties are not merely looking to win an argument, and are instead seeking to find solutions.

In order for post-divorce mediation to be successful, both parties must be willing to participate in the process and they have to truly be interested in resolving the dispute. The mediator will help guide the parties through the process and facilitate communication, but it is ultimately up to the parties to come up with a mutually agreeable solution.

It is important to find a mediator who is experienced in family law and has both parties’ best interests at heart. At Cawood Attorneys, we are dedicated to finding amicable solutions to divorce disputes in a timely manner. Get in touch with us if you are in need of post-divorce mediation services or browse our website for more information on the topic. 

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