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Mediation is a more modern approach to divorce resolution, widely used in the US and Canada. Mediation involves an independent third party who is often a counsellor or specially trained solicitor or barrister. Mediation is not a substitute for appropriate legal representation and both parties should enter mediation with their own divorce lawyer or family law solicitor. Mediation meetings normally involve both parties without their legal representatives, although it may be possible to meet separately and it may also be possible to bring your legal representative with you. The purpose is to enable a considered and mediated approach to agree the grounds for divorce, division of property and care for any children. After each meeting, the mediator will look to summarise the areas of agreement and to outline areas where further work is needed. Your solicitor will remain informed throughout and can advise you on how to proceed in future meetings. If at any stage the meditation fails you can always resort to the standard court procedure. The ultimate goal of mediation is to achieve a mutually satisfactory agreement which the court can approve. The effect of mediation is normally the significant reduction in the cost and time it takes to complete a divorce. The involvement of your solicitor in this process is important as any agreement reached by the mediator will normally require the input of your solicitors who can convert that agreement into a legally binding consent order. This is signed by both parties, and can then be submitted to the court for their approval.
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