Mediation not litigation

The Ministry of Justice is now consulting on plans to require all separating couples contemplating court proceedings to attend mediation assessments prior to the commencement of court action. At present only parties seeking legal aid are required to attend such assessment sessions. The aim is to reduce the number of contested cases being handled by the Courts and in turn reduce the current Family Court budget of £850 million. The Family Court will still be required to approve consent court orders derived from agreements reached in mediation to safeguard the positions of those involved. The advantages of mediation include avoidance of much of the expense and delay associated with protracted legal proceedings which can cause untold emotional and financial distress within family breakdown situations.

Whilst mediation has a key part to play in alternative dispute resolution one of its founding principles is the voluntary and co-operative attitude of those choosing this option. Wheelers have a specialist Family Law partner trained in mediation namely Susan Reyersbach who can assist. We frequently refer family law clients to mediation particularly in cases where improving dialogue about children’s issues upon relationship breakdown is paramount.

We also recognise however that mediation is not suitable for every situation especially where the financial issues are complex or where there is a need for emergency action to be taken protect assets or where children are at risk of significant harm or abduction. Lawyers are concerned that there may not be sufficient safeguards in place in the new proposals to ensure that where court proceedings are necessary they can still be issued quickly and with the minimum of bureaucracy. The paramount principle should be that if court protection is needed it can still be accessed quickly and efficiently.

We are well placed to provide immediate responses to serious Family Law situations. We can provide solutions for clients by obtaining urgent court orders including those obtained “out of hours” from the High Court Family Division whilst at the same time being able to offer clients alternative dispute resolution solutions such as mediation. If clients are in any doubt regarding their options upon family breakdown we offer an initial FREE 30 minute assessment meeting with one of our experienced family law solicitors