What is Divorce Mediation?
Mediation in divorce is an alternative dispute resolution process which allows parties going through a divorce to reach an agreed settlement amicably through a neutral third party – the mediator.
The mediator functions to ensure that the agreement reached is one that the parties made voluntarily and through a fully informed decision. This is done through facilitating discussion between the parties, during which the mediator highlights important issues that the parties might have overlooked. These steps are necessary to ensure that the parties are fully informed of the details and consequences of their agreement.
The mediator’s role is however limited to providing guidance and the drafting of the final agreement, and the mediator will not make any ruling or finding with respect to the dispute unless expressly requested by all the parties involved. Ultimately, the mediator is but a neutral third party, and the terms of the agreement are to be created by the divorcing parties themselves.
The mediation process is confidential and all documents and information involved in the mediation will be privileged and not admissible as evidence or discoverable in any proceedings linked to the dispute unless these documents would have been admissible or discoverable in any event.
As compared to litigation which is expensive, time-consuming and aggressive, which might be detrimental to the parties’ already strained relationship, mediation provides a cheaper, less time-consuming and more amicable platform for divorcing parties whose relationship is not beyond that of discussion and coming to an agreement.
As compared to acting without lawyers, mediation provides a platform for the parties to better understand their rights and entitlements and therefore reach an agreement which would be in their best interest.
Parties may request for private mediation services at the Singapore Mediation Centre through their Matrimonial Mediation Scheme. The parties have the option of appointing their own mediators, or leaving the appointment of appropriate mediators by the Singapore Mediation Centre.
The lawyers at Gloria James-Civetta & Co are trained divorce mediation lawyers who are able to guide divorcing parties through the difficult process of divorce towards an amicable settlement which would be in the best interest of both parties.