Zahra Marani
Solicitor
1 Feb, 2011

Conflicts within the family are often a reality in today's society. Traditionally spouses who decided to separate would drag each other through the court system which would prove to be an extremely long and costly process.  At the end of such a battle, there was hardly room for anything but animosity.

Thankfully, today there are more popular alternatives which offer amiable and efficient ways of through a separation or a divorce. As such, full blown family law trials have become the exception rather than the rule. Most often when considering separation or divorce, to start with, it is prudent for each spouse to contact a family solicitor who can suggest a host of options.

A solicitor's role is always to represent their client to the best of their ability while adhering to Codes of Practice. In family situations, it is now recognised that in carrying out this duty, a solicitor must attempt to maintain or even to an extent, repair precarious relationships. This is often easier said than done. One of the methods, which has recently become quite popular in resolving family as well as other types of disputes, is mediation.

Mediation is a voluntary process by which an impartial decision maker sits with both parties to attempt to find a mutually agreeable resolution. Opting to mediate is much more effective in both time and money when compared to the traditional litigious approach. These advantages help to ensure that the family can continue to live up to the same or similar standards that they did prior to the separation or divorce.

Another major advantage of mediating is that parties can discuss what they want with the mediator who will then attempt to arrange that everyone's needs have been addressed in the Agreement. This offers a much higher chance of coming to an amicable resolution than the traditional approaches, and is especially important where there are children involved in the family dispute. It is possible to find a family solicitor who can also act as a mediator; however hiring a third party solicitor to mediate is beneficial as the mediator is more likely to remain unbiased.