What is Divorce Mediation?
Divorce mediation is a process where couples work with a family-law trained Mediator to reach an agreement on their divorce and/or the ancillary matters. Mediation can happen before or after the divorce papers are filed. If the divorce papers have not been filed, mediation can help parties reach an agreement to proceed with a simplified uncontested divorce.
Court Mediation Involving Children
If the parties have already filed for divorce, couples with children under 14 years old must attend mediation sessions at the Child Focused Resolution Centre (CFRC). These sessions help parents maintain meaningful relationships with their children, address custody and access issues, and negotiate co-parenting arrangements after the divorce. Such sessions are often coupled with counselling sessions with the court counsellor.
For couples with children aged between 14 to 21, mediation is conducted under the Family Dispute Resolution Programme (FDR).
The mediation sessions would often cover both child-related issues and financial matters. Mediations are led by trained Judges-Mediators. Although a financial agreement isn’t necessary at this stage, couples are encouraged to reach a full and final settlement on all issues.
Mediation is beneficial for couples with children as it minimises the impact of divorce on the children and avoids lengthy, stressful court proceedings.
Other Issues Mediated in Court
Aside from child-related matters, court mediation also addresses several other critical issues:
- Division of Assets: The court assists couples in fairly distributing their matrimonial assets, which can include the family home, savings, investments, and other properties.
- Child Maintenance: Mediation can help determine the amount of financial support each spouse would need to bear for the child’s expenses.
- Spousal Maintenance: Mediation can help determine the amount and duration of financial support that one spouse may need to pay to the other.
- Debts and Liabilities: Couples work out how to handle any shared debts and liabilities, ensuring that both parties are clear on their financial responsibilities post-divorce.
- Retirement Funds: Decisions regarding the division of retirement funds, such as CPF savings, are also mediated to ensure fair distribution.
- Relocation: If one parent wishes to relocate with the children, mediation helps address the relationships implications and logistics of such a move, including travel arrangements and maintaining a relationship with both parents.
Private Mediation
In private mediation, a neutral third-party mediator (usually a legal practitioner) helps the couple resolve various issues to move forward amicably. The main issues addressed in mediation include:
- Distribution of Property and Assets: Ensuring a fair division of all shared properties and financial assets.
- Child Custody, Care and Control and Parenting Plans: Creating a comprehensive plan for custody and parenting time.
- Child Support and Maintenance: Determining the financial support needed for the children.
- Spousal Support: Deciding on the financial support one spouse may need from the other.
- Debt Allocation: Agreeing on how to handle shared debts.
The mediator works with the couple to reach an agreement on these matters. If difficulties arise, the mediator helps keep communication open and focused on the issues.
Mediation is a civil way to resolve financial and parenting issues when couples decide to separate and divorce. Once mediation is complete, parties can enter into a Draft Consent Order and/or Mediation Agreement which will set out the details of the agreement This document, once endorsed by both parties will be filed in Court to be recorded.
Mediation vs. Collaborative Divorce
Both mediation and collaborative divorce aim for an amicable settlement but differ in their approaches and consequences if negotiations fail.
In mediation, lawyers advocate more strongly for their clients’ positions, making negotiations more tactical. If mediation fails, the parties can retain their lawyers and proceed with divorce through the Family Court.
In the collaborative divorce process, the focus is on mutual agreement and support. However, if negotiations break down, the representing lawyers cannot continue to represent their clients, and new lawyers must be hired to initiate the divorce.
About Ms. Gloria James
Ms. Gloria James is a trained Family Law Mediator and a certified Associate Mediator at the Subordinate Courts of Singapore and the Singapore Mediation Centre. With extensive experience in mediating divorce cases, she ensures that separating couples address all terms and settlement issues effectively.
Conclusion
Divorce mediation offers a less adversarial and more cost-effective way to handle the complexities of divorce, particularly when children are involved. By working with experienced mediators like Ms. Gloria James, couples can achieve a smoother transition and more amicable settlement.
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At your initial consultation, our divorce lawyers will help you explore whether a Collaborative approach is the best option.
We aim to ensure that your divorce case goes smoothly and as efficiently as possible.
