Mediation in Divorce & Family Proceedings

From 6th April 2011, anyone who wishes to commence proceedings for:-

1. any application under the Children Act 1989
2. financial proceedings arising out of divorce

should first attend a session of mediation to see whether mediation could resolve the dispute without the need for Court proceedings.

There are a number of exemptions to this rule of thumb, and mediation is NOT compulsory. Parties who start proceedings without first trying mediation may be criticised and penalised in costs, but the terminology is ‘may be’ and not ‘will be’.

There are many circumstances in which mediation might not be appropriate, such as:-

1. If the party seeking to issue the proceedings has been subject to domestic violence/harassment.
2. If it is an emergency application.

There may be other exemptions and reasons why a particular case is not suitable for mediation.

This is a new rule which comes into effect of 6th April 2011. Lawyers and Judges are coming into this untested and untried system with very little training and guidance. It will therefore be a case of trial and error for the first 6 months.

The idea behind it is to encourage couples to try and resolve disputes between themselves rather than through litigation in the Court.

A far better means of resolving potential disputes is Collaborative Law

Collaborative Law enables couples to discuss issues face-to-face with the benefit of their lawyers being present and giving them Legal Advice throughout. Mediation involves only one lawyer who is not acting for either client – their role is purely one of mediator.