Realationship
Gemma Kemp from Hart Brown looks at whether mediation is such a good idea
The Government has unveiled its plans to make couples who are in dispute about family issues to attend ‘Mediation Information and Assessment Meetings’ before issuing an application at court. The rationale, according to Justice Minister Jonathan Djanogly, is that mediation is ostensibly “a quicker, cheaper and more amicable alternative” to court proceedings. The new rules will come in to force in England and Wales on 6th April 2011 and apply to privately funded cases. Mediation sessions are already compulsory for those receiving public funding, although there are exceptions.
Supporters of the proposals see this as a positive move to assist feuding couples and enable them to resolve their disputes, whether it be about the divorce itself, financial issues or children matters, in an amicable forum with an independent mediator. Critics of the proposals may, however, view the move as an excuse to cut the legal aid budget for family cases. Would these cuts, though, be likely to make this a more favourable option for couples?
According to the BBC, there are currently 350,000 family cases currently receiving legal aid in England and Wales. By making mediation compulsory in most cases, the Government hopes to reduce this to around 87,500 cases, which represents 25% of the current figure, thereby saving around £173 million.
Mediation will not be compulsory in all cases, for example where there are allegations of domestic abuse or where urgent action needs to be taken by the court. If one party is unwilling to attend or consider mediation they cannot be forced to go, but if there is no valid reason for the refusal a Judge is unlikely to view this stance favourably.
The proposed Government changes to the court system with the slashing of legal aid could also lead to an increase in numbers of people choosing mediation as an alternative to going to court.
Mediation can be a positive experience whereby couples can air their issues with an impartial third party, but that is not to say it suits everyone. Is compulsory mediation a step in the right direction for amicable resolution of disputes, or is it another hurdle couples will have to face before they can seek assistance from a court?
About Hart Brown
Hart Brown, a leading law firm with offices throughout Surrey and in London, has been offering a full range of legal and financial investment services to businesses and individuals for the past 90 years. With 15 partners, more than 110 staff, six offices and a reputation for delivering high quality service, Hart Brown is committed to building long-term relationships with its clients.