Mediation 'may not suit all divorcees'

Mediation is not always an option where divorce is concerned, because it may force a weaker spouse to make detrimental decisions, according to an advice website.

Divorce Aid notes that mediation is recommended by its advisors "where suitable", but supports legal advice where necessary.

Changes to current divorce processes approved by the UK judiciary are set to be introduced from April, requiring separating couples to consider mediation prior to contesting their separation in court.

The Ministry of Justice's proposals are expected to make for quicker and cheaper resolutions of disputes, such as over property rights or the grounds for divorce.

Commenting on the plans, a Divorce Aid spokesperson explained: "There are however, many cases where mediation is not an option and the government’s proposed scrapping of legal aid will perhaps force the weaker spouse to make detrimental decisions which will affect them for many years to come."

Justice minister Jonathan Djanogly also concedes that mediation will not be appropriate in every case and will lift restrictions on cases involving domestic violence or child protection, allowing them to proceed directly to court action.

Published on: March 7, 2011

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