Are you ready for Mandatory Mediation from the 6th April?

The Government has radically reformed the Family Law system to encourage people to take advantage of alternative sources of help and advice to resolve matters without involving expensive lawyers or Courts.

From 6 April 2011 new Court Rules makes it mandatory for separating and divorcing Couples to attend a Mediation Assessment meeting before making an application to Court, in relation to disputes regarding children and financial issues.

The Government's introduction of compulsory mediation awareness meetings means that no person can apply to the Court to seek the help of the Court to resolve their issues, unless they have attended a Mediation Assessment. There are of course exceptions in cases involving domestic abuse or child protection issues. Further, if mediation is not a workable option, for example one party refuses to take part in it; the case can still proceed to Court. If you have no issues to resolve and simply want to divorce and can reach a financial agreement without the intervention of formal Court proceedings, then you do not need to attend a Mediation Awareness meeting.

The thought process behind the introduction of these meetings is that in the longer term, successful mediation is more often than not cheaper and quicker than negotiations through solicitors or the Court process. Thus, this system ensures that this process is always considered before clients embark on an application to the Court.

However, in some regions there is a shortage of qualified mediators and one has to wonder if the Government has considered the impact of compulsory referrals to mediation on mediators - is the increased intake of referrals going to increase delays for clients?

Amy Walpole, Head of the Family Team at Rogers & Norton Solicitors comments “generally, all Resolution family solicitors will aim to achieve an agreed solution through negotiation and discussion because we all recognise that going to Court is stressful and expensive for our clients. Mediation and collaborative law are additional options which I always discuss with clients. However, these options are not suitable to all clients and reaching an agreement is not always possible without Court intervention. It is questionable whether these clients should then be forced to attend a Mediation Assessment which could delay proceedings and allow tension to increase between the parties. This is a controversial subject and there are swings and roundabouts depending on your client interest and needs. “

Some clients are apprehensive about engaging in the Mediation process as a mediator can provide information to the parties but not legal advice. This ensures that the Mediator remains neutral, and this is why people are encouraged to seek background support and advice from their independent solicitors during and at the conclusion of the mediation process.

If Mediation is not appropriate some people may wish to consider engaging in the Collaborative Law Process which allows a client to benefit from open negotiations by way of 4 way meetings with their partner or spouse and their legal representative. With the Collaborative approach both clients also benefit from receiving independent legal advice throughout the process.

For for information please contact Amy Walpole.