Divorce: Couples to be told to use mediation

23^rd February 2011 - Separating couples are to be told to use court battles only as a last resort for settling their differences under new rules soon to be introduced. Instead, they will have to show they have tried mediation before they can let lawyers argue over their divorce settlement.

The Ministry of Justice has approved a new protocol with the judiciary which means that from April couples in England and Wales must show they have had at least one mediation awareness session before they go in front of a judge.

‘Expensive and painful battles’

Justice Minister Jonathan Djanogly said the ‘taster’ session would allow the parties to find out what the process could offer and spare couples expensive and painful legal battles.

“Nearly every time I ask someone if their stressful divorce battle through the courts was worth it, their answer is no,” Djanogly said in a statement. He continued: “Mediation is proven to be a quicker, cheaper and more amicable alternative, particularly where children are concerned. Now everyone will have the opportunity to see if mediation could be a better solution than going straight to court.”

Impartial mediators

The advantage of mediation, according to the Department of Justice, is that couples who are separating can decide the terms of their split themselves, helped by a trained and impartial mediator. The alternative involves fighting each other through lawyers and having a judge make the final decisions that will shape their lives, it said.

The new rules will not apply to couples who are not planning to contest the terms of their separation in court.

The Department of Justice illustrated the benefit of mediation services with the case of Judy Smith who separated from her husband after 33 years and needed to sort out what happened to their family business.

The couple used the Kent Family Mediation Service. “I look back and I have confidence in the fact that through mediation we reached the best possible agreement,” Judy said reflecting on the process.

Reaction

The relationship counselling charity Relate said mediation should be the first port of call for separating couples who need to resolve issues including money and children. “Mediation won’t be for everyone, but we agree that in the majority of cases, it will avoid expensive and often lengthy court battles which can entrench conflict between parents, serving neither their interests nor those of their children,” said Jenny North, Head of Public Policy at Relate in an emailed statement.

North said the charity had some concerns about how the new system would work, particularly with the decline in legal aid which could mean that “some will struggle to meet the costs of mediation”. She continued, “We also question as to whether there is sufficient capacity within mediation services to meet such a large increase in demand and we hope that we won’t see a long queue of separating couples waiting to access the system.”