Proposed new law to force mediation

As part of the Government’s review of the Family Justice system announced on 6th February, separating couples are to be forced to go to mediation before applying to the courts.

Justice Secretary Kenneth Clarke said the Government would legislate to make it compulsory for anyone wishing to apply to the courts to attend a ‘mediation information and assessment meeting’. Government sources said the change would apply to married and unmarried couples, whether disputes were over the division of assets or over access to children, and that only in certain circumstances, such as in cases of domestic violence, would couples be exempt. It was argued that separating couples should be made to understand the impact of conflict on children and encouraged to reach agreement between themselves. It is understood that the Government is to provide £10million to fund a network of independent mediators.

Compulsory mediation is not new. For some time anyone applying for legal aid to apply to court must first attend an initial mediation meeting, and measures introduced in early 2011 require all divorcing and separating couples to attend a mediation assessment meeting before an application in relation to disputes over children or finances can be commenced at court. There are exceptions in cases involving domestic abuse or child protection issues. If mediation is not a workable option, for example one party refuses to take part in it; the case can proceed to court.

Colin Davies, Senior Family Law Partner comments “as a matter of course all good family lawyers aim to achieve an agreed solution through negotiation and discussion because we all recognise that going to court is stressful and expensive. Mediation and collaborative law are additional options. This announcement appears to reinforce the measures introduced in 2011 and the promise of funding confirms the Government’s commitment to encouraging less acrimonious separations. However, reaching agreement is not always possible and, in some cases, the court is the only appropriate way of resolving the problems”.

If you would like expert advice in relation to this or any other family law matter please contact Colin Davies on 0844 984 6138.