Divorce mediation being overlooked, say MPs
A committee of MPs say counseling should come first for couples, not divorce.
Tuesday, 16, Oct 2007 12:00
One in three couples seeking a divorce are not told about mediation as an alternative to going to court because solicitors lack a financial incentive, an influential group of MPs has said.
The Public Accounts Committee (PAC) says mediation "can be cheaper, quicker and . . . less acrimonious" than settling family disputes through the courts, and is calling for a major shake-up in the legal process.
As much as £10 million every year could be saved by more divorce cases making use of a mediator.
It recommends a financial incentive to be provided for solicitors to promote mediation to their clients.
The committee warns: "Fee rates have acted as a financial disincentive for solicitors to refer clients to mediation," the committee warns.”
It also recommends "all clients seeking legal aid for representation in court [be] first assessed, by a professional mediator, on their suitability for mediation."
The committee's conclusions are based on findings from the National Audit Office showing those seeking a divorce using legal aid had not discussed mediation with their solicitor in a third of cases.
Furthermore, in almost half of these cases, the people going through a divorce said they would be willing to use a mediator rather than going to court.
The mediation process is successful in most cases of family disputes, showing a 59 per cent success rate for full or partial agreement between the parties.
Despite this, between October 2004 and March 2006 mediation was used in just a fifth of family dispute cases; 29,000 out of 149,000.
However, the commission does not think mediation should become a compulsory part of the legal process.
In its conclusions the committee explains: "Mediation will remain voluntary, but the Commission should set solicitors and other advisers a target for the number of cases it expects to be resolved by mediation rather than referred to court, and review the target annually thereafter.
"Whilst mediation will remain voluntary, the Commission's guidance and information should highlight its benefits and this material should be made widely available, in public places such as libraries and surgeries."