Court Application Process
It is understandable that couples may want to solve their disputes through a court process. This is usually the first thing that comes to mind when the issue of separating or getting up comes up. However, is it the best decision to take? The answer to this question is no. This is because couples will be much better off assessing whether they can solve their disputes away from courts. The court application process is a tiring, costly and can sometimes turn out to be a messy affair. This may particularly cause more harm when children and family members are involved.
By going through a mediation information assessment meeting (MIAM) first, couples have the chance to acquire the services of a professional who can advise them on the way forward. By going this route instead of the court application process, couples can learn if their disputes can be solved via a mediation process or a court process. This means that if the dispute can be solved through a mediation, couples can avoid the negative impact associated with going a court process. On the other hand, the mediator is well placed to advice the couple if a court process will result in a better solution, rather than wasting time on a mediation and later ending up in a court process.
A mediation process has a lot of advantages. The first is that it is less stressing. A separation is an extremely stressful process, especially when children are involved. Couples want to go through the process in a confidential, flexible and less costly way. Court cases do not guarantee this, and most of them have the potential to turning messy, especially when attorneys tear into each other trying to get a better settlement for the parties they represent. However, with mediation, couples get to pay for one person, as opposed to paying for individual lawyers. The mediation process is also flexible, allowing couples to choose a time and date when they are free to attend. This ensures the process does not interrupt their daily lives. After going through the mediation, the couple may decide to make the outcome binding. They can do this by having the memorandum of understanding (MoU) they have signed after successfully completing the mediation reviewed by an attorney.