Will I Face A Fine If I Don’t Go To Mediation?

‘Will I face a fine if I don’t go to mediation?’ Family Law Solicitor Leonnie Watson discusses in her latest blog….

The Government has launched a ‘consultation’ on a proposal for separating couples considering whether, in cases, they should face fines if they do not make a “reasonable” attempt to try mediation before escalating matters to court proceedings. They will face these fines if they act unreasonably and harm a child’s well-being by pro-longing the court proceedings.

In order to understand why this is being considered, let’s start at the essential principles…

What Is Mediation?

Mediation is a flexible and confidential process whereby parties are guided by an independent trained mediator with a view to discussing the issues that arise, facilitating negotiations and achieving settlement of those issues or potential issues.

The role of the mediator is not to tell people what to do, but to assist the negotiations between parties so the agreements can be reached amicably, all the while hopefully improving communication between them.

Is Mediation Part Of The Court Application Process ?

Yes – although it is encouraged and the question is asked on application forms whether mediation has been attempted between parties before a formal court application is made, in some cases, matters are escalated to court proceedings before they should be.

However, this is of course not always the case. It may be that one party has tried to start the mediation process but the other party has not engaged or wanted to participate. This could be for a valid reason or for hostile reasons such as not having time or one party simply refusing to participate and wanting their ‘day in court’. It is likely, and appears to be the types of cases that the proposal is trying to target.

Does Mediation Work ?

There are some circumstances where mediation may not be appropriate, such as if there was a serious risk of harm to the child/children or there is a history of domestic abuse within the relationship. Your family law solicitor or a mediator (if you have contacted one) will be able to advise you as to whether mediation is suitable in your circumstances. Whether mediation is appropriate or not is something that should be considered on a case by case basis.

Mediation is not a ‘one size fits all’ process. For that reason, it is important that there is serious consideration as to what protection will and can be given to survivors of domestic abuse, with organisations such as Women’s Aid calling for urgent there clarity in respect of this.

Benefits Of Mediation

In short, in cases where mediation is appropriate, it is:

Cheaper;
A more amicable process; and
(Potentially) quicker.

The Mediation Fine

How do they think the proposed plans to fine those who do not engage with mediation will help?

The aims of the proposed plans are to:

Reduce backlogs to ease pressures on the family courts;
Ensure the justice system can focus on the families who need most protection; and most importantly;
Protect children and their well-being by avoiding long court proceedings.

How Can Timms Help?

If you have any mediation questions or a family law query, please feel free to email me at l.watson@timms-law.com or contact me on 01332 364436. Alternatively, you can visit the family law section of our website here.