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Mediation 'increasingly popular in legal disputes over children'



Divorced parents are increasingly using mediation as a means of settling disputes concerning the caring responsibilities over children, it has been claimed.

According to Contact Law director Dan Watkins, people are turning to the method because it is quicker, cheaper and less traumatic than the court process, the Law Gazette reports.

He said: "Mediation has been increasingly used over the last ten years. More recently, we have also recorded a sharp rise in the use of collaborative approaches."

Such techniques have the advantage of making agreements legally binding and are therefore seen as an effective middle way between mediation and a court case, the expert suggested.

Mr Watkins also pointed out that the number of legal disputes concerning children almost doubled last month.

Recently, the Children's Society Bob Reitemeier suggested that mediation services are crucial when families are going through times of conflict as without them, youngsters can become distressed.

Grant Cameron from Lamport Bassitt remarked: "Mediation and collaborative law offer valuable alternatives to court proceedings. The couple remain central to the decision making process rather than having a decision imposed on them which may not suit either them or the children.

"Litigation can prove to be expensive and result in significant delay. This can cause greater animosity between the couple who are far less likely to reach an agreement and this will often have an adverse impact on the children who get caught in the crossfire.

"Mediators are unbiased and will facilitate discussions between the couple to help them reach an agreement but do not provide legal advice. The couple may consult their own lawyers alongside the mediation process.

"Collaborative law is a relatively new approach. Each person appoints their own trained collaborative lawyer and rather than trying to reach an agreement through letters or telephone calls, the couple and the lawyers all meet together to work issues out face to face.

"An agreement is signed at the outset which disqualifies the lawyers from representing the couple if the process breaks down so that everyone is committed to looking at the alternatives and to avoid referral to the court.

"Both approaches enable the couple to find the best solutions for them and their family to move on with their lives."

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