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Divorcing couples urged to try mediation

Family Justice Minister Simon Hughes has called on more parents and couples to use mediation rather than face the stressful experience of going to court following the recent publication of the Office of National Statistics figures.

The figures show 118,140 people divorced in England and Wales in 2012 – an increase from the 117,558 in 2011.

In 2012/13 more than 17,000 people successfully used legally aided family mediation – which is often quicker, cheaper and produces longer lasting results than going to court – to sort out disputes over their property, finances and children.

The Government is introducing major changes in the Children and Families Bill designed to ensure that in future separating parents and couples will first consider using mediation to resolve the issues around divorce and separation – like splitting finances and property or agreeing child contact times – rather than fighting over it in court.

The proposed new law, which is currently being considered by Parliament, seeks to change the process so that a person who wants to apply for a court order about a children or financial matter must first attend a mediation information and assessment meeting (MIAM). Exemptions from this requirement will apply, such as where there is evidence of domestic violence.

Research shows that mediation can help people to reach solutions more quickly and cheaply and that couples who use mediation are less likely to need to return to the legal system to sort out ongoing issues. As it is a less confrontational process than taking a battle to court, the Government says it is also less traumatic for any children involved.

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