Family Mediation: Carrot Or Stick?

Non-court dispute resolution offers alternatives to separating couples that can reduce the financial, time and emotional burdens often associated with going to court.

Among the many types of non-court dispute resolution in family cases, mediation is particularly effective in a broad range of cases. Because of this and the huge burdens on the courts at present, some are now considering policy options to require couples to mediate, or otherwise more forcibly be required to consider it. There are risks, however, that mandating couples to participate in mediation would undermine a fundamental plank of the process, its voluntary nature, and in doing so lead to outcomes that are less likely to 'stick'. Is encouraging voluntary participation in mediation the better way forward?