Pictured above: Family lawyer Angela Davis says there are
clear benefits to divorcing couples and their children from
mediation before heading to court
The Government's proposals to make it compulsory for divorcing
couples to undertake a mediation assessment session before
embarking on Court proceedings, have come under some criticism, but
there are clear benefits to couples and their children, according
to Angela Davis, Associate and family lawyer at Nottingham law firm
Berryman.
"The Justice Minister Jonathan Djanogly recently announced that
from 6 April 2011, divorcing couples will have to undertake a
compulsory mediation assessment session before embarking on Court
proceedings to resolve issues concerning the way the children are
cared for, or how finances will be organised post divorce,"
explains Angela.
"There has been some criticism of the proposal, in particular in
light of the Government's plans to cut legal aid for many
separating couples, which will result in them having to pay for
legal advice and Court representation.
"If mediation is not successful the cuts in legal aid may mean
couples being denied access to justice."
Nevertheless, Angela believes there are clear benefits to
couples considering mediation as an alternative to the traditional
Court based divorce process: "Extensive research has shown that
mediation can ease the pain of family breakdown. In particular it
can help reduce tension and hostility and help couples keep
communication channels open. Mediators will give couples impartial
guidance to help them make informed choices.
"However one of the potential weaknesses in the mediation
process is that often a couple will require specialist legal advice
which the mediator cannot provide. Another alternative to the
traditional divorce process is to proceed collaboratively."
The collaborative family law process is a relatively new way of
dealing with family disputes. Spouses facing marital breakdown
agree to resolve all issues between them outside of Court
proceedings. It works by separating couples and their lawyers
sitting down together and endeavouring to work things out face to
face. At the heart of the process is a written agreement
signed by both parties and their lawyers that the divorce will not
end up in Court.
The collaborative process is often cheaper than going to Court
and it offers couples absolute privacy. "There are now in the
region of 1400 collaboratively trained lawyers in England and Wales
and the process is gaining considerable momentum," says Angela.
"Although collaborative law is not right for everyone - it takes
time and commitment and may not necessarily be cheaper than a
traditional approach where lawyers negotiate on behalf of their
clients, but the fact that it has proved such a huge success in a
relatively short space of time shows that it does provide an
alternative for many couples.
"What is clear is children can benefit hugely if their parents
engage in either mediation or collaborative law. Both involve the
parents working together to resolve issues and that can help the
children to cope with the uncertainty of separation and divorce.
When parents work through the divorce process together they stand a
much greater chance of staying in touch and can maintain their
focus on what is best for the children."
For further information regarding mediation or collaborative
law, or any aspect of family law, contact Angela Davis, Associate,
Family Law Department, Berryman, telephone: 0115 945 3736 or email:
angela.davis@berryman.co.uk.
Angela is a member of Resolution and a Resolution Accredited
specialist, a qualified Collaborative Lawyer, a member of the Law
Society's Advanced Family Panel.
For more information about Berryman Solicitors, please visit
their website: www.berryman.co.uk