The Government recently announced it will consult on mandatory mediation for suitable Family Court cases apart from those that include allegations of or a history of domestic violence. If introduced, the move could help 19,000 parting families resolve issues outside the Courtroom, helping to reduce backlogs and easing pressure on Family Courts. The push for mandatory mediation just one year on from the introduction of the landmark no-fault divorce could also help to improve the separation process for couples and empower clients.
What is family mediation?
Mediation allows separated couples to work out solutions in a safe, calm and supported environment. It is a more cost-effective and speedier process compared to Solicitor-led negotiations and/or Court proceedings. During mediation, a trained and impartial mediator works to help clients identify the key issues of the separation and will then try to help find a solution to these issues through face-to-face discussions or by video link.
What has been the impact of the no-fault divorce laws?
No-fault divorce has undoubtedly had a positive impact on decreasing hostility. It helps to set the tone for other discussions around finances and child arrangements and encourages a greater focus on the wider, more pertinent issues that can come with a divorce.
There was an initial increase in divorce cases with figures surging by 50% in the first month after the no-fault law was introduced. This has steadily evened out, although the full figures for the first year of no-fault divorce have not yet been revealed.
What potential impact could mandatory mediation have?
Should mandatory mediation be implemented it could lead to a potential huge improvement. At the end of March 2023, the number of active and open children’s cases remained high at nearly 33,000. This is a reduction from the same period last year, but there remain 9.2% more children’s cases compared with March 2020.
For couples facing difficult decisions in a divorce case, the situation is amplified by having decisions regarding their children in the Court process too. While there are inevitably some cases that must be resolved in Court, mediation offers alternatives that are worth exploring in a higher percentage of cases.
How can Nelsons help?
At Nelsons, we can offer advice on no-fault divorce, mediation and other collaborative law services – it is always advisable to explore your options with a professional. As well as empowering the client to be in control of the situation, these options can often help to produce a speedier resolution and reduce stress for the whole family.
If family mediation is a process that you feel could assist you to resolve outstanding issues between you and your former spouse or partner, or should you wish to find out more about the process, then please contact Gayle Rowley (Legal Director, Solicitor and Mediator) who 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.
Please contact Gayle or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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