The pitfalls of forced mediation
Family
Comment | 28 February 2011
A government initiative intended to promote pre-divorce mediation could have disastrous consequences for European couples where one spouse wants to divorce in England.
From April this year couples wishing to divorce or dissolve a civil partnership will first have to attend a compulsory “mediation awareness session” to consider whether mediation would provide a better alternative to court proceedings.
There are no details so it is unclear how this will work. But any requirement to mediate before proceedings are issued could have disastrous consequences for the increasing number of European couples where one party wishes to divorce in the English courts.
In nearly all such cases it is advantageous for the financially weaker party (often the wife) to issue proceedings here first to secure jurisdiction. Time is critical because if the other party issues first in another European jurisdiction the proceedings can only be heard there. The financial disadvantage to the economically weaker party can be enormous.
If mediation is obligatory before proceedings can be issued then inevitably the other party will take steps to issue proceedings first in another jurisdiction. This may assist the government reduce congestion in the family courts but it threatens to result in grave injustice.
