Rachel Weldrake, Family Law Solicitor, Tayntons LLP, Gloucester on new Family Procedure Rules

28th February 2011 15:22

Rachel Weldrake, Family Law Solicitor, Tayntons LLP, Gloucester highlights the new Family Procedures Rules which require separating couples to attend mediation awareness sessions.  From 6 April anyone setting out to contest the terms of their separation (in relation to children and financial matters) in court will first be required to consider mediation. Although the exact details are not yet available it is expected that the person initiating the court proceedings will have to first go to a professional mediator, who will engage the other party and arrange a mediation awareness session to explain the process to the couple, either together or individually. Evidence of having gone through this process will have to be presented to the court before the proceedings will be issued.

If both parties are happy to try mediation then that is the route they will take. However if the mediator or either party feel that mediation will not be suitable, or there is a risk to anyone's safety, or if mediation commences and then breaks down they will be exempted and the case can continue through the court process.

The Minister for Justice, Jonathan Djanogly said:

‘Mediation already helps thousands of legally-aided people across England and Wales every year, but I am concerned those funding their own court actions are missing out on the benefits it can bring. Now everyone will have the opportunity to see if it could be a better solution than going straight to court.’

'Of course, I know mediation won't be right for everyone. It won't suit some people, who should be free to explore other avenues including court, or for those in serious or dangerous circumstances, for examples in cases of domestic violence or child protection. They will not be prevented from progressing straight to court.'

If all matters are agreed then there will be no need for the parties to attend a mediation awareness session.

We at Tayntons LLP encourage the use of mediation when it is safe and appropriate to do so. There are mediation services in Gloucester, Cheltenham and Bristol to whom we regularly make referrals. If mediation is not appropriate we will aim to agree a solution through negotiation. However we do recognise that there are some cases where the court is the only way of resolving matters. Whichever route is right for you we are here to support you.

For advice on all family matters including mediation contact Rachel Weldrake, a member of Resolution and the Law Society’s accredited Family Law Panel on 01452 509878 or  rachel.weldrake@tayntons.co.uk