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ARTICLE · 06 JULY 2021

"Do I Have To Mediate?"

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

Charles Russell Speechlys LLP

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Mediation has been available to separating couples in England for decades to address any issues they wish to explore about their finances and/or their children upon relationship breakdown.

United KingdomLitigation, Mediation & Arbitration

Mediation has been available to separating couples in England for decades to address any issues they wish to explore about their finances and/or their children upon relationship breakdown. A trained impartial mediator who is familiar with relationship dynamics, but also with how the law might impact upon the issues, can work with the couple, if they cannot sort matters themselves.

Mediation encourages parties to focus on the future and to make their own decisions and to focus on good communication where possible. One of mediation's key elements is that it is voluntary. Not free, but nobody is compelled to try it.

The Government could see years ago (and well before Covid and its slowing of the time it takes to get to see a judge), that mediation might reduce court waiting times and reduce the cost of family justice. Legal Aid funding for mediation was initially made available but has largely been eroded.

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