On Friday 26th January 2024, the Government shelved their plans of making mediation mandatory for separating couples but would instead ensure parents are offered early legal advice to settle disputes, with mediation still being prioritised.
In March 2023, the Government announced their plans to make mediation mandatory in low-level separation court cases, such as custody of children and financial arrangements. Former Justice Secretary, Dominic Raab suggested that by not attending Court, separating couples and their children would experience less stress and therefore their mental health would not suffer. He also stated it would free up the Court’s time to make sure that more urgent cases are heard quicker, such as domestic abuse cases.
Although Judges will be tougher in their efforts to encourage mediation, to avoid the complications and expense of a Court hearing, they recognise that divorce isn’t ‘one size fits all’.
Dawn Lowry, Associate and Accredited Family Mediator who works at our Rotherham office, commented: “The MOJ was cautioned against this when the idea was proposed. Legal advice is important. It not only provides advice but also provides a reality check, manages unrealistic expectations, assesses a client’s suitability for mediation. Early legal advice helps reduce conflict early on and helps clients better understand their case and their options. This will increase significant benefits for both mediation and the court processes.
We will continue to offer family mediation as a choice despite last week’s announcement as it is a less acrimonious and a more cooperative way of successfully working your way through the process of a separation or divorce. Lots of clients want to avoid litigation and improve communication which mediation affords them.”
‘Resolution Together’ – the two clients, one lawyer approach
Despite the Government’s decision, our ground-breaking ‘Resolution Together’ service is still available for those considering separation.
The exclusive service allows the couple to manage their separation or divorce together, supported by one legal professional – perfect for those separating amicably.
Taylor Emmet’s Family team introduced Resolution Together for couples who want to separate cost-effectively and cooperatively, without the need for separate legal representatives. The service means both parties will receive legal advice from the same, impartial expert.
We’re also the only law firm in Yorkshire that currently offers the Resolution Together service.
Our Head of Family Law and Partner, Michaela Evans is a qualified mediator and pioneered the service’s implementation. She said: “The end of a marriage or civil partnership is inevitably an emotional time, but Resolution Together removes elements of the process which can provoke conflict even when the divorce is amicable.
“Even though the Government have shelved mandatory mediation, I anticipate the ‘two clients, one lawyer’ approach will grow in popularity. It is great that Taylor Emmet is a leader in this method of divorce in the Yorkshire region.”
To find out more about Resolution Together and how we can support you through a divorce, civil partnership or other family issues, visit our family section on the website.