Divorce this decade has become synonymous with uncivilised disputes and undignified legal proceedings putting a strain on all parties involved, including children. However, we are now beginning to see hopeful signs that an amicable separation will soon be easier to obtain. Experts point towards a new epoch in which mediators will take the lead in resolving family disputes, offering an accessible route to help couples move on gracefully.
In this shake-up of the Family Justice System, divorcing couples will be ordered to consider mediation before entering the divorce court. New rules, which came into effect on 6th April, 2011, will see couples who cannot agree how to divide up their belongings and share responsibility for their children having to attend a mediation awareness session.
Instead of a judge ruling on the details of their divorce, they will be encouraged to hammer out a deal with the help of trained mediators in an attempt to prevent the rising number of costly and emotionally draining court hearings. A mutual agreement is signed to resolve the divorce out of court, putting the emphasis on civility and common sense conclusions. It is hoped the change will lead to more couples concluding their divorce without the need for expensive lawyers and lengthy court battles.
The radical changes were introduced to the system in order to make it less adversarial and to cut the speculated £1.6 billion budget of the Ministry of Justice in this particular area. Last year there was a rise of 16% in the number of couples heading to court to argue over rights to children and money, with 137,000 disputes being recorded, not forgetting that childcare cases last an average of 56 weeks.
The benefits of compulsory mediation as the first approach are obvious. Mediation costs are a drop in the ocean compared with the fortune that can be spent on litigation. Attorney General Dominic Grieve, also, rightly and frighteningly observed that, ?once we?ve been through all that pain [of a 24% cut], what we?re simply returning to is the level of expenditure that was in existence in 2008.? This is perhaps an indication of how used this country was becoming to ?mainlining? on public expenditure.
In my own experience as a qualified non court-based dispute resolver, I have found mediation to be a shorter, simpler process, with fast tracked hearings and a quicker route to a resolved outcome. Court should always be the last resort.? The consensus amongst lawyers, judges, other professionals and politicians on family law is that conflict is negative for parents, couples and children and should be avoided. In mediation, parties are offered a more constructive environment than the court where they feel safe and supported.
Experts in alternative dispute resolution (ADR) have long argued the benefits of mediation in avoiding lengthy court battles. Michael Forbes MCIArb, Director General of the Chartered Institute of Arbitrators (CIArb) welcomes the new ruling, saying, ?Divorce will always be a painful experience, but mediation allows couples to work out their differences in a more informal environment, sparing them the added worry of expensive and time-consuming court hearings.?
Mediation is going to work in the vast majority of cases, which will definitely ease the pressure on the courts. For those that do not want to settle, there is a lot to be said for a form of fast track family arbitration. Such a system is under development in Scotland, where they have a new Arbitration Act and a new set of family arbitration rules has been developed. With all these innovations coming into play, we can safely hope that more families will be able to move on gracefully from divorce in the near future.
