Mediation focus for divorcing couples criticised

Family solicitor group Resolution has warned that government plans to focus on mediation for couples who have decided to divorce will prejudice those who have abusive or difficult spouses.

The group believes that mediation would not be appropriate in as many as 41% of divorce cases, based on legal aid cases involving member solicitors. Chairman, David Allison, welcomed the desire of the government to see fewer divorce cases go to court, but was concerned that a focus on mediation would "punish those for whom it simply won't work through no fault of their own - for example, if they have an abusive or uncooperative partner."

Lenore Rice, a solicitor specialising in divorce and family law at Wilson Nesbitt, commented:

"Mediation will not always be an option for divorcing couples but would probably benefit the majority. We are already seeing an increase in the number of couples opting to use the collaborative law approach to separation, otherwise referred to as the 'friendly divorce'. Solicitors specialising in this process are trained to screen the client to ensure they are not encouraged to enter into and participate in a process that they might not feel safe in, or the subject of abuse or undue influence.

"This process includes a pledge not to go to court and involves couples talking through the issues, in the presence of their respective solicitors, to reach an agreement that best enables them and their children to carry on with the next stage of their lives."

If you require legal advice in respect of a potential divorce, or would like to receive information on the collaborative law process, contact one of the family law solicitors at Wilson Nesbitt by calling 0800 840 1363 . You can also visit the family law section of the Wilson Nesbitt website by clicking here.

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