The Government has been encouraging mediation for separating couples for several years now, as an alternative to the expensive court system. Since 2011, there has been a requirement to attend a Mediation Information and Assessment Meeting (MIAM) before seeking divorce through the courts. MIAMs are designed to provide awareness of this form of alternative dispute resolution (ADR) and to promote it as more cost effective and efficient than traditional divorce. According to a study by the National Audit Office “on average, a mediated case takes 110 days to resolve, and costs £752 compared to 435 days and £1,682 in cases where mediation isn’t used.” Funding is now being made available for more couples who wish to make use of mediation when going their separate ways.
First session free of charge
At present, if only one member of the couple seeking separation is eligible for legal aid, only that party will receive funding in respect of mediation; the other party still has to pay their own costs. However, following a series of recommendations made by the independent Mediation Task Force, the Government has now announced that it will cover the cost of “one single mediation session for everyone” so that, as long as one of the parties is already eligible for legal aid, neither party will need to pay for their first session. The hope is that this move will persuade more separating couples to give mediation a go. Announcing the measures, Family Justice Minister Simon Hughes said “We know mediation works and we want more people to make use of it. This is why we are announcing today funding for free mediation sessions, improving the advice and information available for couples who are separating.”
However, Resolution, an organisation of 6,500 family law professionals promoting a “constructive, non-confrontational approach to family law matters” remains unconvinced by the move. Commenting on the new plans, Resolution chair Jo Edwards said “we do not expect this to have a significant impact on the number of couples resolving their disputes out of court.” She went on to express disappointment “that there are no plans to review marriage or divorce law in this Parliament, in particular fault-based divorce.” This comes in light of a suggestion by Sir James Munby that fault-based divorce be overhauled.
Helping you understand mediation
Sometimes it’s difficult to understand exactly how mediation differs from court-based divorce. Fortunately, here at Crisp and Co, we have two professional mediators on hand, Henry Crisp and Simon Clark, who can explain the ins and outs of both methods and help you decide what’s best for you. Don’t hesitate to get in touch to find out more.