Mediation - Why is Mediation now Compulsory?

You may have heard of the new government plans to introduce compulsory mediation sessions before parties are able to go to court regarding family matters.

What is in fact being introduced from April 2011 is a compulsory “Mediation Information and Assessment Meeting”. This means that any person wanting to make an application to court will have to arrange an appointment with a trained mediator to discuss their case in more detail. It is possible for the mediator to then invite the other party to a completely separate meeting. The mediator will decide whether the case is suitable for mediation and if they decide it is not, for reasons such as the other party is refusing to attend or there has been a history of domestic violence, then the case can progress to court.

This system has been in place for years for individuals receiving advice under the Legal Aid Scheme and if you are thinking of making an application to court should not worry. If the mediator decides that you should have a go at mediation you can at least agree some “parenting principles” and narrow the issues between you which should, in the long run, save you time and costs at court.

Hannah Ludbrook, one of our Family Law Solicitors comments:

“Many of my clients have found mediation very helpful. They feel as though they retained more control over their situation rather than having a judge make all the decisions.”

People who are thinking of going to court may feel pressured into making their application before April 2011 to avoid being railroaded into a decision at mediation.

“At all stages of mediation each party has the right to seek legal advice if they have any points of concern. They can have as much or as little solicitor involvement as they would like.”

“Mediation may not be for everyone. I appreciate that it can put one party under undue pressure but this is what the initial “Information and Assessment” screening processes is for. Furthermore, neither party is obliged to continue with the process for any longer than they feel comfortable with”.

For further information please contact the Family Law team on 0208 464 4242 or familylaw@wellerslawgroup.com