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Courts generally aim to provide the fastest resolution to divorce proceedings, giving special regard to any agreements which the parties have been able to reach outside of court. Reducing court time and lawyer intervention saves both parties in a divorce money and heartache, and is generally considered to be the best approach in divorce cases. Most experienced family law solicitors will now recommend some form of meditation to their clients as part of the divorce process. Mediation allows each party to discuss their wishes with an independent mediator, who is usually a specially trained, independent solicitor or barrister. Mediation can occur individually, or sometimes both parties are present to negotiate a settlement. Working through matters such as residence and contact for any children in the family, and what will happen to the family assets, means that the court simply has to rubber stamp the agreements already made. It is possible in extreme circumstances to find yourself in a position where you do not feel mediation is working. In this case you are entitled to revert to a traditional court process to complete the divorce and can do so knowing that you have given mediation a go. Your family law solicitor or divorce lawyer will always work alongside you in the mediation process, ensuring that any agreement reached is made properly, and that in the event of failure you are best placed to proceed through the courts.
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