What price mediation?

There has been talk for years now about steering angry and separated parents away from the courts and towards mediation as a way of addressing contact problems over children. However this concept has a way to go and is unlikely to be achieved unless there is a significant financial incentive for lawyers to avoid the lucrative mud-slinging route.

I was recently involved in a case where contact had broken down, but from a look at the court papers the issue did not appear at all complicated. It seemed the sort of case where a round table discussion with both parents might well bring good results for all, and most importantly the children.

Instead both parties were ordered to submit statements and a full welfare report called for. Mum's statement made dad out to be a monster who she would fight to the end over his contact plans. I rang to discuss things only to find that free and easy contact had started before the statement ink was dry, with dad calling every day at mum's house to see the children.

It's almost impossible to believe that mum had completely changed her view overnight. I believe the reality is that she was never that opposed to contact, but wanted improved communication over some issues. Instead the UK adversarial system provoked her lawyer into encouraging her to make extreme and inflamatory comments about dad. With the inevitable result of provoking vitrolic counter-claims from dad.

The children lose out and also get emotionally affected by the heightened atmosphere between their parents. Meanwhile the lawyers get fat from the extended litigation, while appearing to represent their client's best interests. Complete madness.