Mediation and the Court
It is a sad fact that around 40% of marriages end in divorce. The actual process of separating and divorcing is relatively straightforward, and it is possible for a couple to complete the task themselves, without professional help, for a little over £300 in Court fees.
However, few couples manage to do this, because they are scared, they don't understand the process or they don't know what the Courts will require, and their relationship can be highly emotional, lacking in trust or a battleground.
To protect themselves, most couples turn to solicitors in the hope of getting as good a deal as they can.
Solicitors are not allowed to act for both sides, as they are obliged to act in their clients' best interests and there would be a conflict of interests. Therefore, separating couple has to use two separate sets of lawyers, and the bills soon mount up.
This is at a time when the income and wealth of one household has to be stretched to provide for two. Solicitors are very necessary, but they do not always reduce stress. The code of practice of the Solicitors Family Law Association talks of clients seeing "assertive letters between solicitors as aggressive declarations of war".
The difficulties are obvious, and we have all seen the distress they can cause.
Government has been aware of these problems for some time, and the Family Law Act 1996 was brought in to steer more people into mediation to resolve the problems of divorce and separation.
The move towards mediation was given further impetus when, in 1999, Lord Woolf produced his important report called "Access to Justice". It set out a number of shortcomings he found in the current legal system.
Amongst other things, he found it to be:
- Too expensive
- Too complicated
- Too adversarial
- Too slow
Solicitor's fees can be very expensive, but there are things that you can do to help keep your overall divorce more affordable. Lord Woolf suggested mediation in appropriate cases as a way to overcome these shortcomings.
Some common sense and not so common sense things can have a dramatic impact on the amount of billable hours it takes to get your case resolved.The biggest contributor to an expensive divorce is extra spent by your professionals doing what you could have done yourself. The best part is that a well prepared client is usually a lot easier to deal with and makes for a much more favourable outcome. Mediation can assist in this.
Here are some tips to help minimise the cost of your divorce
In-court mediation
Mediation can provide assistance with civil disputes, helping people to resolve problems without going to a full hearing before a Judge.
It is a form of alternative dispute resolution which complements Court procedures and is conducted within the court. The parties meet with an impartial mediator before the hearing, who facilitates the discussion between them to help reach agreement about how the dispute could be settled. The terms of any agreement are completely within the control of the parties.
The parties can also decide to mediate outside of the court, particularly in the light of the initial information conducted within the court. Participation in mediation is voluntary and works best when parties are acting in good faith.
Her Majesty's Court Service (HMCS) Structure
To get divorced you must have been married for more than one year. You must complete a form, called a 'Petition', giving the reasons why you are applying, to show your marriage is definitely over. If you have children you also complete a form called the 'statement of arrangements' in which you tell the court what plans you have made for the children once the divorce is final.
Some county courts and the Principal Registry of the Family Division in London deal with divorce and other family cases. If your local county court does not handle divorce applications, the staff will tell you the nearest county court that can help.
