Your report (“Forced mediation plan for separating couples faces axe”, Report, January 25) rightly acknowledges that mandatory mediation was never going to be a cure-all for the English family court, which is at breaking point. The impact of delays on children in particular cannot be overestimated. However, there is little indication of how this bottleneck will be resolved.
While an appealing prospect in theory, mediation is not the right forum for every dispute. The outcome is not legally binding, so being open to compromise and respecting the process is a prerequisite. Making mediation mandatory may not, in fact, have led to a reduction in court cases.
As other professionals have pointed out, compelling couples to mediate could be particularly harmful in cases of domestic abuse (hence, there would need to be exemptions). Even when there are no such allegations, not everyone will feel comfortable using mediation, particularly if there are power imbalances at play. Mediation could do more damage than good.
Arbitration, negotiation through lawyers and roundtable meetings, are all other tools at warring couples’ disposal.
Mediation can be an incredibly effective way of resolving relationship breakdowns in certain instances. It is not, however, a one-size-fits-all solution.
Katie O’Callaghan
Partner, Boodle Hatfield, London SE1, UK