Mediation awareness session

Separating couples are to be told to use court battles only as a last resort for settling their differences under new rules soon to be introduced. Instead, they will have to show they have tried mediation before they can let lawyers argue over their divorce settlement.

The Ministry of Justice has approved a new protocol with the judiciary which means that from April couples in England and Wales must show they have had at least one mediation awareness session before they go in front of a judge. Justice Minister Jonathan Djanogly said the ‘taster’ session would allow the parties to find out what the process could offer and spare couples expensive and painful legal battles.

“Nearly every time I ask someone if their stressful divorce battle through the courts was worth it, their answer is no,” Djanogly said in a statement. He continued: “Mediation is proven to be a quicker, cheaper and more amicable alternative, particularly where children are concerned. Now everyone will have the opportunity to see if mediation could be a better solution than going straight to court.”

Impartial mediators
The advantage of mediation, according to the Department of Justice, is that couples who are separating can decide the terms of their split themselves, helped by a trained and impartial mediator. The alternative involves fighting each other through lawyers and having a judge make the final decisions that will shape their lives, it said.

The new rules will not apply to couples who are not planning to contest the terms of their separation in court.

The Department of Justice illustrated the benefit of mediation services with the case of Judy Smith who separated from her husband after 33 years and needed to sort out what happened to their family business.

The couple used the Kent Family Mediation Service. “I look back and I have confidence in the fact that through mediation we reached the best possible agreement,” Judy said reflecting on the process.