Mediation move for divorce cases

23 February 2011 Last updated at 09:49 Jonathan Djanogly says mediation could reduce acrimony and save money Divorcing couples will be referred to mediation to sort out most disputes before they are allowed to use the courts, the government is announcing.

Justice minister Jonathan Djanogly said mediation was "a quicker, cheaper and more amicable alternative" to the over-worked family courts.

The move over child custody and financial disputes follows a Family Justice Review recommendation.

The measures for England and Wales will come into force on 6 April.

However, cases involving domestic violence or child protection issues will still go to court.

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 already helps thousands of legally aided people across England and Wales every year, but I am concerned those funding their own court actions are missing out on the benefits it can bring.

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Our proposals aim to radically reform the system and encourage people to take advantage of the most appropriate sources of help, advice or routes to resolution - which will not always involve the expense of lawyers or courts”

End Quote Jonathan Djanogly Justice Minister "Now everyone will have the opportunity to see if it could be a better solution than going straight to court."

The minister told BBC Radio 4's Today programme statistics suggest that more than two-thirds of couples who take up mediation are "satisfied with the results".

"It gives people the opportunity to take their own futures in their own hands."

Under the change, anyone wanting to use the courts will have to undergo a compulsory mediation assessment session first, which could cost some couples up to £140.

If mediation is not a workable option, for example one party refuses to take part in it, the case can proceed to court.

However, the government is proposing to cut legal aid for many separating couples and that means that if they cannot mediate after their compulsory assessment, they will have to pay for legal advice and court representation.

Some lawyers have argued that will amount to a denial of access to justice.

A Ministry of Justice spokesman said the courts should not get involved in varying parental contact days or other minor disputes.

The ministry said 137,000 divorce cases were dealt with in 2009, up by 16%.

The cost per client of mediation is £535, compared with £2,823 for court costs and the National Audit Office also found mediation was quicker - 110 days, compared with 435 days for court cases.

The move does not relate to Scotland.

'Tremendous strain'

However, a Scottish government spokeswoman said: "In Scotland we encourage the use of mediation in family cases when it is appropriate and safe to do so.

"There is already provision in court rules in Scotland for a sheriff to refer matters relating to parental responsibilities and rights to a mediator."

Last year David Norgrove, chairman of the Whitehall review, said there was a "tremendous strain" on the system which was "really intolerable" for the children of divorced parents.

Justice Secretary Kenneth Clarke recently announced plans to scrap civil legal aid for a range of cases.

Mr Djanogly pointed out that the legal aid bill in England and Wales - £2bn a year - is far higher than in most other countries.

He said: "Our proposals aim to radically reform the system and encourage people to take advantage of the most appropriate sources of help, advice or routes to resolution - which will not always involve the expense of lawyers or courts."

A.nemdil & Press Agencies