Family Mediation: The way forward?
Following the Family Justice Review, from the 1 April 2011 it will be necessary for anyone wishing to pursue an application to the Court in Family Law proceedings (unless certain exceptions apply) to attend a Mediation Assessment to consider whether or not Mediation may offer a suitable alternative to litigation through the Courts.
It is the hope that an increased use of Mediation would reduce the cost to the State and also improve the justice system for its users by making it quicker and less confrontational. At the moment alternative methods of dispute resolution (often known as ADR) such as Collaborative Family Law or Family Mediation are encouraged by the Courts but there is no obligation upon couples to take up these options.
There is however concern from some that the introduction of compulsory Mediation Assessments may potentially restrict access to justice and try to impose a ‘one size fits all’ rule in an area of law where it may not be appropriate. There may be any number of reasons why parties and their cases are not suitable for Mediation, such as a history of domestic violence, complexity, urgency, a general feeling of animosity or distrust between the parties, for example about the truthfulness of financial disclosure which would make ADR unsuitable for them.
When suitable we do recommend that parties consider Collaborative Law or Mediation as a form of ADR to litigation through the Courts but it is hoped that the Government will appreciate the reservations that many interested parties have in this respect and see that in many cases the assistance of the Courts will still be required to ensure a fair outcome for the parties.
Partner
Family Law
PLancaster@LawBlacks.com
0113 227 9285
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Paul Lancaster
