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Traditionally, both parties would take divorce advice before appointing their legal representatives who would slog out an agreement in the divorce courts at huge cost to both sides. The result was often unsatisfactory for at least one party, damaging to the family and children, and expensive. Mediation has been popular in other countries for many years. The principal is that by bringing parties in dispute together in front of a trained mediator it is often possible to reach a considered and fair conclusion without the need for an expensive legal battle. The mediator is often a specially trained solicitor or barrister with a working knowledge of divorce law, who is able to act between the parties. Both sides retain their appointed family law solicitor, who advises them between meetings and is there to pick up the pieces if the mediation fails. At the end of the mediation, if successful, the lawyers acting for each side draft a settlement agreement which both sides sign. Divorce courts would much rather couples agreed amongst themselves as to the best outcome for a family in the event of divorce, and if presented with a fair agreement, they are likely to approve it without further delay and cost. Achieving such an agreement is hard when divorce and separation are by their nature contentious, which is why the independent mediator is so valuable. After divorce, mediation can be used to ensure that the agreement remains fair to both sides. Residency and contact with children can remain a difficult topic, so regular mediation sessions can allow grievances to be aired, and the possibility for the agreement to be altered to suit both parties.
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