Introduction

Couples who have decided to separate and/or divorce frequently encounter apparently insurmountable difficulties when they have to decide upon the arrangements for their children and the division of their assets.

Traditionally, many couples have employed lawyers individually to negotiate a "deal" on their behalf. Lawyers are duty bound to act in the best interests of their clients and this is frequently interpreted in a financial sense and invariably disregards the emotional trauma that each couple is experiencing.

Lawyers will always be required to submit final papers to the Court but the process of reaching a settlement and of finding a way in which a couple can continue to communicate about the ways in which their children will be cared for is more suited to mediation. The Legal Services Commission require any couple who are seeking legal aid to undertake an initial meeting with an accredited mediator to determine if mediation is an appropriate way forward in their circumstances and in April 2004 a series of pilot studies in various Courts throughout England and Wales was started to investigate the benefits of mediation to all couples irrespective of whether they seek legal aid or not.

Please click here for frequently asked family mediation questions and answers.