On 23 February 2011, the Government announced that it is introducing new measures requiring divorcing couples to undergo compulsory mediation in a bid to reduce the strain on the family courts and the number of contentious disputes that could be resolved by the parties themselves.
The measures, which are due to come into force on 6th April 2011, are the result of a Family Justice Review recommendation.
The Justice Minister, Jonathan Djanogly MP, said mediation is “a quicker, cheaper and more amicable alternative” to pursuing a dispute through the family courts.
Mediation involves both parties meeting together in a neutral environment to discuss the issues with the help of a trained mediator. Both parties must agree to the mediation, as it is voluntary, and both must be willing to cooperate if it is to be successful.
Any decision/s made during the mediation can be made legally binding by having it turned into a court order.
Mediation has a good track record of success in family disputes. Mr Djanogly said: “Mediation already helps thousands of legally aided people across England and Wales every year, but I am concerned those funding their own court actions could be missing out on the benefits it can bring.” Mr Djanogly hopes that the new measures will alleviate the stress of divorce proceedings for many couples, and allow everyone to experience how beneficial it can be when compared to going straight to court.
The measures will require divorcing couples to attend one session of mediation before they can proceed to court. The session is estimated to cost up to £140. If mediation is unworkable, for example when one party does not attend or refuses to participate, the case can then proceed to court.
The benefits of the scheme for those going through a divorce include savings in costs and time. The average cost of family mediation is £535 per client, and the average number of days involved is 110. When compared to the average cost per client for divorce of £2,823 accumulated over 435 days, mediation does appear to be a favourable alternative.
However, it is not suitable for everyone, and the new measures will not require those cases involving domestic violence or child protection issues to go through the mandatory mediation stage.
