Watson Esam Solicitors

News | Mediation to be compulsory for divorcing couples?

The government has announced that divorcing couples will be referred to mediation to sort out most disputes before they are allowed to use the courts.

Justice Minister Jonathan Djanogly said mediation was "a quicker, cheaper and more amicable alternative" to the over-worked family courts.

Michelle Cooper, head of the family department at Watson Esam says “We are very happy to see mediation as part of a choice of options that people have, but that the most important word is “choice”, which should surely be the main option, not something imposed on people by government.

I have been involved with numerous cases in which forced mediation would have been entirely inappropriate. Also, there are other cases where may not be direct domestic violence but there is often an inequality in bargaining powers, which means one party feels pressurised into accepting a settlement that is detrimental to them.

Sheffield County Court recently ran a pilot scheme which made a mediation appointment at court compulsory in children's applications at the first hearing: In general, it was found not to work.

Read a full report here at the BBC

If you have any questions about any family related issues, contact our family law team on 0114 321 1888, or email divorce-enquiries@graysons.co.uk

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