Mediation not the solution in all divorce cases, says Law Society

8 December 2010

Government plans to use mediation in place of legal aid solicitors in family cases will not work in all circumstances, warns the Law Society.

Justice Minister Jonathan Djanogly has outlined the Government's commitment to mediation, which will mean divorcing couples will no longer be entitled to legal aid and will instead be directed to mediation in order to resolve arguments.

The Justice Minister argued that mediation places the responsibility of deciding an outcome to a dispute on the parties concerned and not a third party such as a judge, giving people a sense of control over their futures while minimising the financial and emotional cost of reaching resolution.

However the Law Society has questioned whether mediation would be an appropriate way to decide the arguments in all cases.

Law Society President Linda Lee said divorce can be a highly complex issue and many people going through it feel legal representation is vital.

"An increasing number of family law solicitors are opting for training in the area of collaborative family law and Alternative Dispute Resolution has become an embedded feature of the work of the solicitors profession.

"The Law Society supports mediation as a way of trying to resolve disputes before they reach court and we encourage the use of this approach where possible.

"Mediation or collaborative family law are simply not suitable in every case and will not always be the right approach to resolve complicated divorce scenarios, such as cases where there has been violence or the threat of violence.

"In addition, mediation cannot resolve a dispute or if there is an imbalance of power between the parties, or if one side is being obstructive or withholding information. This type of dispute resolution does not work if parties are forced into the process. If mediation does not result in an agreement, it can also add cost and time to the divorce process."

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