Family law: Why we say ‘no’ to mandatory mediation and ‘yes’ to early legal advice for separating couples
Plans to force separating couples into compulsory mediation with a potential fine for those who refuse have been dropped by the government, a decision welcomed by Wards Solicitors’ Family Law Team.
The initiative, aimed at keeping family disputes out of court, has been shelved after a period of consultation which highlighted concerns that domestic abusers would be able to manipulate and coerce their partner during imposed mediation sessions.
The news has been welcomed by Resolution, the family justice campaigning body of which most Wards’ family lawyers are members.
Resolution’s chair, Jo Edwards, says: “Mediation can be extremely effective but it’s not right for every couple and works best when it is entered into voluntarily. The proposals also risked making victims of domestic abuse feel that they had no option but to go into mediation.”
However, the organisation welcomed, as we do, the government’s announcement of an early legal advice pilot to ensure families get help at the earliest possibility to work out the best route for them with the maximum potential of settling any disputes quickly.
What is family mediation?
Here at Wards Solicitors, we have long supported Alternative Dispute Resolution (ADR), including mediation, which can play a key role in reaching an amicable settlement and avoiding the stress and expense of having to go to court.
Family mediation is a process in which an independent, professionally trained and accredited mediator can help parties work out arrangements for children and finances where there is disagreement following separation.
It involves couples working through their differences to reach agreements they are both prepared to accept in a bid to spare them the trauma of attending court and the impact this can have on children.
At Wards Solicitors we also have lawyers who specialise in what’s known as collaborative law, not something offered by all law firms.
This is a way for divorcing or separating couples to work together as a team, face to face, with trained professionals to resolve disputes respectfully, and again without going to court.
Why is early legal advice so important?
You can take a lot of anxiety out of the divorce process by taking advice at the earliest opportunity from a family lawyer with whom you feel comfortable and who can explain clearly your legal rights, responsibilities and what to expect.
This will often include mediation and discussions about how to secure parenting and crucial financial arrangements without the complications, stress and expense of having to go to court.
It doesn‘t have to be expensive and could mean the difference between a fair settlement and losing out on thousands in the long term.
Making sure that all financial matters, including pensions, have been resolved before applying for the final order (what used to be known as the decree absolute) is vital to make sure you have a legally enforceable settlement for the future.
Get in touch
Our family lawyers understand the many pressures facing separating couples and obtaining advice from us does not need to be expensive.
We offer, where appropriate, a free initial half hour consultation to explain the divorce process clearly, outline all your options and help you make a plan going forward.
In addition, we have a range of divorce fixed fee packages we can discuss with you at your consultation.
Wards Solicitors is endorsed as a South West leading firm in the independent Legal 500 list for 2024 having received overwhelmingly positive testimonials from clients.
Our Family Law Team wins praise as a recommended service area with head Alison Bradley highlighted as an ‘expert in the sector’.