The government is to force couples to consider mediation before going through the courts in divorce settlements under new guidelines being drawn up.
The new agreement, between judges and the Ministry of Justice, means that from April 6 all separating couples will have to at least show that they have been in contact with an accredited mediator and have considered how mediation might work for them. If, having considered mediation, they reject the option, then they will still have the option of taking the matter to court.
The new rules bring all divorce cases into line with the situation where couples have been granted legal aid and those proposing the changes hope it will save money. Recent data from legal aid cases showed the cost of cases going to court averaged £2,823 compared to just £535 which was the cost per client of mediation. Some cases will still be allowed to go straight through to court, such as in cases where there are allegations of domestic violence or child protection matters
Justice Minister Jonathan Djanogly said of mediation: “It is a quicker, cheaper and more amicable alternative, particularly where children are concerned.” He said it already helps thousands of legally-aided couples and he wants to see the benefits being extended to those who are funding their own court actions.
