Family mediation can be an effective dispute resolution path in the right circumstances, but it’s not appropriate for everyone and it’s important to understand the limitations before diving in.
Couples sometimes attempt to resolve their issues in family mediation, but without the benefit of independent legal advice, they can end up with an unfair agreement that becomes extremely difficult to modify in the future.
In the U.K., where mandatory family mediation is being proposed, some advocates are concerned that mediation will give domestic abusers another opportunity to control and intimidate their victims.
Mandip Ghai of Rights of Women, a women’s rights legal charity, warned that “Compulsory mediation may well reduce pressure on courts, but it will be at the cost of adding further trauma to survivors of domestic abuse.
As family lawyers, we can’t stress enough the importance of seeking independent legal advice when going through a divorce. For a binding agreement, securing independent legal advice is paramount and required.