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compulsory mediation

  • maggie
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18 Oct 10 #229952 by maggie
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www.telegraph.co.uk/news/uknews/law-and-...divorce-battles.html

"A government review is to recommend the introduction of a compulsory mediation stage before any financial or custodial dispute is heard in court.

The plan, to be published at the start of next year, will also introduce briefer and simpler hearings for cases that cannot be resolved by mediation."

You will talk to each other even if it's in separate rooms.

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18 Oct 10 #229953 by stepper
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Not before time. It will give both parents a chance to have their say fairly instead of having to go through the courts and pay expensive solicitors' bills.

My son is currently waiting for his solicitor's bill following his recent court hearing to gain shared custody of his children. It is likely to be costly but worth it because he did manage to get a shared residence order. The children are now aware that one parent cannot deny the other parent contact and have become more settled and relaxed over the past few months because of the court ruling.

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18 Oct 10 #229960 by plutoniumcard
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Hi

I think the proposal for compulsory mediation makes a big assumption?

The process assumes that both parties are going to be reasonable and that there can be some movement in position / listening to reason.

In my case the ex was unable to hear any reasonable point of view and change her position of hostility which was all about "you will never see your son whilst I have control". Court ordered us back to mediation twice through the proceedings (I had already tried a collaborative approach). In cases such as this the delay from mediation adds to time and costs, and stress. The stress is also added to the child's life, which I think is the most important factor.

When one (or maybe in some cases both) of the parties will not listen to reason from Judges / CAFCASS etc, they certainly don't want to hear the sensible voice of a trained mediatior.

I do think many cases get sorted amicably without the need for Court, and for those who need some assistance collaborative law is a cheaper and more sensible option than fighting.

The costs involved in Court proceedings and the stress are horrendous. It cost me £35k to end up with a final Court Order exactly as my proposal a year earlier, and 8 days in Court. I view this on the one hand a waste of money (would get child through University in the future), but on the other hand I have managed to add something positive to my sons life i.e. someone who he loves and trusts who has joint residency(50:50).

Shoot me down in flames....just my experience!

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18 Oct 10 #229973 by totallylost
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This is bad news for me. After all how does someone who does not get publically funded (Because I am £50 above the limit and me and my ex can't help eachother out to balance that which means she is probably not funded now either as there was a massive review apaprently) DO mediation when I can't afford it. When I went all they cared about was the mortgage off my wage. Nothing else.

Sucks.. Fortunately for me I know what I want and so does my ex she just won't write anything down on her own.

  • maggie
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18 Oct 10 #229976 by maggie
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Seems like a contradiction in terms to me - compulsory mediation = enforced talking through to reach a mutual amicable agreement?
If we could have "talked it through" why would we have ended up at court?
Maybe forcing people to come face to face in front of a witness makes them feel less homicidal or screaming angry?
I like the idea of a judge putting forward a written "probable outcome" report for discussion - for arrangements for children I guess - but why not also for Ancillary Relief financial claims- so at least there's something on the table to discuss?

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18 Oct 10 #229978 by totallylost
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Yes I agree. If this could be done then it would be done in a pub and then sent to a sol to make legal.

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18 Oct 10 #229982 by maggie
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Maybe they'll make it free as it's compulsory and saving the nation so much cash and court time?
Have to factor in the cost of restraint?

Daily Mail
[Many thanks again to John Bolch for the ref.]

"Under the proposals, which will be published in full early next year, as many cases as possible will be dealt with by mediation.

More complicated disputes will be dealt with under a ‘courts-lite’ system of simpler, quicker and shorter hearings.

Officials believe that the overhaul will save up to £100million in legal aid. Savings could also be made because there will be less of a need for multiple expert witnesses in drawn-out cases.

Mr Norgrove said: ‘The family justice system as a whole we estimate to cost just over £1.6billion — much higher than anyone else has previously estimated.

‘There is a general sense that more cases can and should be devolved from the court-based process.

‘That is the case with 90 per cent of cases now, but 10 per cent is still a lot of cases."

Read more: www.dailymail.co.uk/news/article-1321447...y.html#ixzz12huUmQSA

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