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Divorcing couples to undertake mandatory mediation before heading to courts

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.

24-Feb-2011

8:21 am