Divorcing couples to undertake mandatory mediation before heading to courts

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  • It may be a good idea for the parties to meditate first - perhaps that will lead to a reconciliation without any need for mediation!

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  • This is good, especially for fathers whose ex-wives are preventing them from having contact with their children.

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  • What seems to be being missed in all of the discussions about the new Pre-action Protocol is that is is not only divorcing couples that will need to explore the option of mediation, anyone wishing to make an application to court for contact will also have to comply with this new process.
    It is NOT mandatory mediation (at this point) it is the requirement to attend a Mediation Information and Assessment Meeting and consider the option of mediation as an alternative to Court.
    I have been attending at a family Court for the last 3 months to provide information about mediation and PIP and the number of people self representing (having taken initial legal advice) or paying a solicitor, who do not know about mediation is quite frankly appalling. When i explain what it is they are quite angry that no-one has told them about mediation before.
    I also fully agree that mediation is not right for all couples, in fact unless both parties want to make change and reach settlement and can look properly at what would be best for the children and can listen to their children and act on what they are saying mediation won't work.
    We tell parents attending PIP - "you will not move forward until you love your children more than you hate each other" - a quote by a psychologist at a recent local Family Justice Council conference. There is often a "light bulb moment" at this point.

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  • Mediation is fine where thee is a level playing field and both parties are prepared to negotiate, however where there is an inbalance of power within a relationship, for instance a controlling partner, it is simply another forum in which to exert control. This can be particularily demoralising for the party that escaped controlling behaviour years/months ago but is now seeking a divorce.
    Regretably this was poorly thought through and is simply an money saving exercise

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  • I hear medidation is good for the libido.

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  • Undoubtedly mediation is a useful tool in resolving disputes however it is by no means the only one. Many family solictors have already developed a more non-contentious approach in dealing with children and family cases. Litigation certainly is only considered when all other forms of resolution has failed. People (and their solicitors for that matter) should be given more credit in deciding whether mediation is suitable or not, instead of making it mandatory for all.

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  • i m happy to see this site because this is given me good information for leagal resources thanks for sharing good blogs legal aid

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  • Imposing mediation on a couple defeats the purpose of what should be a voluntary 'alternative' process. Studies show a higher rate of success when parties voluntarily enter into a mediation. The option should be readily available, however this movement towards mandatory mediation will only prolong the divorce process in cases where parties want a clear cut end to their marriage.
    However, when it comes to power imbalances between parties, i believe that mediation, could help balance the power by allowing the weaker party to have a voice in a reasonably safe atmosphere.

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  • mediation will be great in my case, we can not agree to disagree. How to make a father to love his 2 girls and stop listening to his new woman? I agree we have to have a third party to help with the separation deal.

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