04 Sept 2009
Divorcing and separating couples may be forced to consider mediation before taking their case to court, if new Ministry of Justice (MoJ) plans being discussed are eventually enforced.
Justice Minister Birdget Prentice said last week that discussions were taking place on strategies for public awareness of mediation, with Justice Prentice and Lord Bach contemplating the idea that mediation should become compulsory for all parties in private law cases.
"Mediation will lead to better outcomes for individuals and for their children, but the challenge is to get the message to people at the earliest possible stage," she said.
Divorce has been in the spotlight recently with celebrity settlements and accusations of gender bias outcomes across the UK. But under current legislation, only parties funded by legal aid are made to consider mediation.
Sarah Lloyd, Director of Alternative Dispute Resolution (ADR) at family lawyers' group Resolution, has supported the issue saying: "We welcome any move that makes sure couples receive information at an early stage about all ADR options available, including mediation and collaborative law, as well as counselling and legal advice."
Melaine Sharples a solicitor in Rowlands family department said "Mediation is often entered into reluctantly, but when divorcing couples or couples disputing matters concerning their children actually start discussing their problems together with a professional mediator to help them communicate effectively, many find that the issues can be really narrowed down, and can be resolved by listening to each other and understanding the other party's point of view.
Court proceedings, whilst vital for some cases, are not always necessary. It can only be in the interests of the couple and especially any children involved, to at least attempt to sort problems out by talking them through first."