What is mediation?
Mediation is a process during separation that involves using an independent, professionally trained mediator to act as a neutral third party and help you reach an agreement with your former spouse regarding finances and children arrangements.
Do you have to undergo mediation if you are separating/divorcing?
As it stands today, in the majority of cases, parties have to attempt mediation before they can make an application to Court. This is unless one of the exemptions can be claimed to avoid the need to engage with mediation, otherwise, if an application is made before mediation is attempted, then the Court can refuse to deal with the application until mediation is attended.
In October 2022 Sir Andrew McFarlane, the President of the Family Division, delivered a speech at the Family Mediation Association conference addressing the difficulties faced by the Family Courts by the ever-increasing backlog of work and the apparent increased circumventing of mediation in matters, where there could perhaps have been a fruitful outcome if mediation had been attempted fully first.
In an effort to try to make mediation more appealing, the government has issued a voucher scheme in force until 2025 whereby parties can apply for a voucher of up to £500 to assist with mediation costs. In addition, there have been calls for mediation to become compulsory, in order to try to get rid of the circumventing of mediation.
As a result of the above, a consultation was established to look closely at mediation and the way it is currently used in order to determine whether the family justice system could function more efficiently if there was a complete regime of compulsory mediation.
What was the response to the consultation?
The Law Society and Resolution, a community of family justice professionals who work with families and individuals to resolve issues in a constructive way, have had the opportunity to comment on the findings and both organisations are clear in their position.
The Law Society remains firm that it “support(s)…the government in trying to help families reach an amicable resolution sooner but said in its consultation response that attendance must be voluntary for mediation to be as effective as possible.” In order to be effective, parties should not feel pressurised into having to mediate, especially in some circumstances where it would not be wholly appropriate to do so. The Law Society went further and highlighted the fact that any government money that would potentially be spent on promoting mediation, would be better served on increasing the accessibility of legal aid to assist with legal costs. This would then provide those who may not otherwise have access to legal advice an opportunity to obtain it.
Resolution’s consultation response matched that of the Law Society`s comment that a greater scope for early legal advice would be more fruitful.
What alternatives are there to compulsory mediation?
The government’s consultation has clearly highlighted and bolstered the essential notion that early legal advice is key in helping to reduce conflict and achieve success. It is without doubt a huge benefit to parties if they obtain early legal advice as it helps to set out clearly the options available to each individual client and helps to focus parties’ minds on trying to find a resolution.
The Family Team at Rothera Bray understand the vital importance of obtaining early legal advice to help you deal with the difficulties that are faced when relationships unfortunately break down and that each client has unique objectives; which is why we provide empathetic, tailored, valuable and pragmatic advice for clients whether they are going through a divorce; are looking to separate and resolve their joint finances or are looking to make arrangements for their children.
If you find yourself in a situation where you need clear and empathetic advice about any family matter, please do not hesitate to contact one of the highly experienced lawyers in the Family Team at Rothera Bray Solicitors on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers
Helpful links
Details of the £500 voucher scheme can be found at https://www.familymediationcouncil.org.uk/mediation-voucher-scheme/
Law Gazette article on the consultation findings – MoJ cautioned against compulsory mediation for family disputes | News | Law Gazette
Sir Andrew McFarlane’s full speech can be found at Speech by the President of the Family Division: Relaunching family mediation – Courts and Tribunals Judiciary
Government website : press release on Plans to protect children under new mediation reforms – GOV.UK (www.gov.uk)
