Divorcing Couples Encouraged to Use Mediation
Divorcing couples who cannot come to any agreements on how to parent their children and what their child care arrangements should be moving forward are clogging up the courts and should use mediation as their first option.
That was the view expressed recently by Justice Secretary, Dominic Raab, who stated that mediation should be the go-to default process in divorce cases. Under proposed Government changes vexatious claims in the family courts could face financial penalties unless alternative dispute resolution was initially attempted.
Dominic Raab is keen to introduce new “incentives and disincentives” to “spare children the trauma of seeing their parents fight it out in court” and wants a conciliatory approach to be considered.
Whether you wish to formalise the living arrangements for a child, agree contact arrangements, agree parental responsibility or need advice on grandparents rights, you will need the advice of a specialist family law solicitor.
“When families come to us seeking advice on a divorce we will try to adopt a practical conciliatory approach and can advise our clients on alternative dispute resolution, including mediation,” said Divorce and Family Law Solicitor, Lucinda McWatt.
“We realise that delay is not in the best interests of children and encourage an approach to family law that is sensitive and constructive.”
It is hoped that by encouraging more mediation the courts will be freed up leaving judges more time to deal with other more serious cases and those involving safeguarding issues and domestic abuse.
Another way to encourage the mediation process is a voucher which is being trialled by family lawyers in certain locations in England. The voucher scheme is helping to pay for the mediation and is a funded solution. The aim of the scheme is to help families move on with their lives and avoid lengthy court processes.
“The welfare of any children will remain at the forefront of the practical legal advice given by family lawyers. Lengthy and protracted court proceedings whilst sometimes necessary, can often be avoided where both parent’s seek the assistance of a good family lawyer from the outset,” added Lucinda McWatt.
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