In April 2014, it became compulsory for separating couples to consider mediation before issuing divorce proceedings. Couples have to attend a Mediation Information and Assessment Meeting (MIAM) before they can apply for a Court order to settle disputes over parenting, finance and property.
Divorcing couples ignoring mediation
Despite this, a recent report obtained by National Family Mediation show that in 2016 over 60 per cent of couples ignored that requirement. Of nearly 90,000 applications for private law proceedings to a family court, only 35,627 had followed the MIAM process. Thus, only four out of ten are complying with the landmark legislation.
National Family Mediation Chief Executive, Jane Robey, said:
“By making the consideration of mediated settlements compulsory, the government’s aim was to help tens of thousands of couples who separate each year save money, time and stress in making post-divorce arrangements.”
“Only four out of ten couples are even attending the initial mediation awareness meeting, let alone following that route through to its conclusion.”
“The role of family courts is pivotal, and we need to know how rigorously they are monitoring applications and checking compliance. There is absolutely no evidence that courts are using their powers to direct people to attend a meeting with a mediator and instead the courts allow the system to remain clogged up when there are effective alternatives available.”
Purpose of mediation
Mediation attempts to reduce the number of people filing court applications without first considering mediation as an alternative method of resolving disputes. Mediation can, in many cases, be more cost effective than court proceedings.
For mediation to work it has to be a voluntary process, therefore couples need to be open and honest about their financial disclosure and willing to engage in mediation in a meaningful manner.
On the basis that mediators are neutral, and do not give either party legal advice at mediation, it is sensible for people to consider engaging a solicitor, either before or during mediation, so that they are better equipped to engage in a meaningful discussion with their partner at mediation thereby increasing their chance of reaching an agreement.
If a successful agreement is reached at mediation, the mediator will prepare a document setting out the parties’ agreement which the parties’ respective solicitors will then review, and advise on, before submitting it to the court for approval.
There may always be some cases where a Judge will have to adjudicate and there will be some cases where, because of the dynamics between a husband and wife, mediation will not succeed.
How Nelsons Can Help
If you have recently separated from your spouse and need further advice in relation to mediation and reaching a financial agreement, please contact a member of our specialist Family Law team on 0800 024 1976 or via our online form. A member of the team will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.