Ministry of Justice
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More separating couples to be spared court battles

From April separating couples must consider using mediation as a better way of resolving their disputes than battling over them in court, Justice Minister Jonathan Djanogly announced today.

A new protocol agreed with the Judiciary requires couples to have at least one mediation awareness session, where both parties find out what the process can offer before they decide if it is right for them.

Mr Djanogly said more couples could be spared expensive and painful court battles when they separate as a result.

'Mediation is often quicker, cheaper and less confrontational than going to court,' he said.

'Amicable alternative'

For couples who have decided to separate, mediation means they can decide the terms of their split themselves, helped by a trained and impartial mediator, rather than fighting each other through lawyers - and a judge making the decisions that will shape their lives.

Mr Djanogly said:

'Nearly every time I ask someone if their stressful divorce battle through the courts was worth it, their answer is no. Mediation is proven to be a quicker, cheaper and more amicable alternative, particularly where children are concerned.'

'Now everyone will have the opportunity to see if it mediation could be a better solution than going straight to court.'

Mediation sessions will not apply to couples not planning to contest their terms in court and replicates the system already in operation for couples granted legal aid.

Deciding your own future

When Judy Smith and her ex-husband separated after 33 years, they had to come to terms with the emotions of the break-up but also decide on the future of family business they had built together.

Judy's lawyer put her into contact with Kent Family Mediation Service and arranged for the couple to meet with a mediator.

Judy said:

'When we started I couldn’t see a way to sort it out but the mediator made us take each part step by step.

'Mediation meant that we talked to each other and worked it out ourselves and eventually we were able to agree a solution.'

'I look back and I have confidence in the fact that through mediation we reached the best possible agreement, I know the outcome was fair. I think that had we gone down the court route I probably wouldn't feel that way,' she added.

See also:

Directgov: Mediation to solve problems when you split up

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