There has been a lot of media coverage about the introduction of compulsory mediation assessments before parties to a divorce are able to apply to court for assistance in relation to finances/children.
A significant number of our clients (convinced that their case is not suitable for mediation) are instructing us to make the court applications now, before the compulsory mediation requirement comes into force next Wednesday, 6th April 2011.
Many mediators are attending courses to ensure they have the correct accreditation to carry out the compulsory assessments, as many experienced and competent mediators may not currently meet the new criteria. In addition, family law firms are introducing procedures and cross-referrals to ensure that their clients do not suffer delay in carrying out this additional process.
However, at a Court User meeting at a County Court last week, we were informed that Mr Justice McFarlane (a prominent family law judge) had issued a Practice Direction in the West Midlands area stating that courts should not refuse to deal with a case if the compulsory mediation had not taken place. We were told that this Practice Direction is likely to be extended to other areas shortly.
We therefore remain unsure as to not only how these compulsory mediation assessments will work in practice, but also whether they will be compulsory after all.
Mediation can be a very useful tool in the right circumstances – this does not mean it is for everyone.
Please contact us to find out more.
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