Mediation should not be made mandatory for divorcing couples, states Law Society

The Law Society of England and Wales and the family lawyers’ association, Resolution, published their responses on 15 June to the government’s consultation ‘Supporting earlier resolution of family law arrangements,’ which proposes making mediation mandatory before separating couples go to court. Both the Law Society and Resolution are opposed to the proposal, stressing that mediation is not the best route for everyone and that it should not be made mandatory. The Law Society also warns that putting barriers in place to attending court is likely to deny access to justice. Divorce and family law solicitor, partner at Dexter Montague LLP, Tony Roe, said: “Non-court dispute resolution should be encouraged but mediation, of its very nature, is voluntary. What the government should do is to extend initial legal advice schemes so that people can be pointed to out-of-court remedies like mediation, as well as arbitration and collaborative law.”