A Shropshire-based law firm questions Government plans to make divorcing and separating couples attend mediation before disputes enter the courts.

The Government has announced the implementation of two measures which it hopes will significantly affect the way family law disputes are dealt with in future.

The first, coming into force on April 6, 2011, will require divorcing and separating couples to attend a mediation assessment meeting before an application in relation to disputes over children or finances can be commenced at court. There will be exceptions in cases involving domestic abuse or child protection issues. If mediation is not a workable option, for example one party refuses to take part in it, the case can proceed to court.

The second is to cut legal aid for many separating couples meaning if they cannot mediate after their compulsory assessment, they will have to pay for legal advice and court representation.

But Colin Davies, Head of Family Law at Linder Myers, which has an office in the High Street, Shrewsbury, believes the move may not be the best plan for some couples.

He said: "As a matter of course all good family lawyers aim to achieve an agreed solution through negotiation and discussion because we all recognise that going to court is stressful and expensive. Mediation and collaborative law are additional and often cheaper options.  

"Whilst for some such alternative's are a good idea, reaching agreement is not always possible. Clients are much more aware of the various options available nowadays even before they come to see a solicitor and we are finding more and more often that by the time they come to see us, they have already exhausted all other options.

There are also other case where simply, the court is the only appropriate way of resolving the problems".