Separating couples; you will shortly be required to attend a Mediation Awareness Session

The Rules are changing; from the 6^th April 2011 if you wish to contest the terms of your separation in Court you will have to consider mediation.

It is proposed that you will have to attend a ‘Mediation Awareness Session’ where both you and your husband/wife will be informed what Mediation can do for you allowing you to decide if you wish to go ahead with a Mediation course. This scheme has been running for legally aided couples and is to be extended to private paying couples too.

Who it applies to: the scheme will not apply to those of you who are not planning to contest the terms in Court.

How it works; the person initiating the case will be required to go to a professional mediator, they will then contact your husband/wife and arrange for a Mediation Awareness Session. The process will then be explained to you both either together or separately, depending on your circumstances and wishes.

If both parties choose mediation, they will continue down that route. However if the mediator or either party feel that mediation will not be suitable in the individual case, or there is a risk to anyone's safety, they will be exempted and the case can continue towards court.

In serious circumstances – such as allegations of domestic violence or child protection – there will be no requirement to access mediation and the case will progress straight to court.

You will be required to present evidence that you have attended the Mediation Awareness Session’ before your case will be accepted by the court.

Jo Thurlow, Trainee Solicitor Family Law