Compulsory mediation awareness sessions for all divorcing couples

All divorcing couples will have to attend mediation awareness sessions, not just those on legal aid, justice minister Jonathan Djanogly has announced.

The new requirement, which has been added to the family proceedings rules and will come into force on 6 April 2011, will not apply to cases involving domestic violence or child protection.

The move follows a recommendation in the Norgrove review of the family justice system which is due to be published at the end of next month.

Speaking to Solicitors Journal at the start of the review last summer, David Norgrove said there was support for forcing parties to have their case assessed for mediation (see Solicitors Journal 154/26, 6 July 2010).

Under a new pre-action protocol, divorcing couples and those with other private law disputes will have to contact a mediator and arrange for a mediation information and assessment meeting at their own expense.

If the parties refuse to attend the meeting together, separate meetings can be held.

If either party then decides to make an application to the court, they will have to file a family mediation information and assessment form (form FM1).

The form will confirm their attendance at a mediation information session or the mediator will give reasons why a session was not a good idea.

'Undertaking a mediation awareness session provides couples who are splitting up with the chance to talk about their situation in a less hostile environment, acknowledge their problems and consider options for resolving them,' a spokesman for the MoJ said.

'As part of this process the trained mediator will also undertake domestic abuse screening, help the couple assess their dispute, discuss the benefits of mediation and help them decide if it could work for them.

'If both parties choose mediation, they will continue down that route. However, if the mediator or either party feel that mediation will not be suitable in the individual case, or there is a risk to anyone's safety, they will be exempted and the case can continue towards court.'

The spokesman said that in cases of domestic violence or child protection there would be no requirement to access mediation and the case would progress straight to court.

Compulsory mediation sessions are already in place for legally aided divorces and disputes.

The average cost of a legally aided mediation is £535, compared to just over £2,800 for cases going to court.

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

'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.'