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Disadvantages Of Mediation

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Mediation in England and Wales
Government policy since the late 1990s has favoured the promotion of mediation for family disputes as a preferable alternative to court proceedings. The Government has been in favour of moving toward a mandatory mediation system in which disputing parties will be required to attempt mediation before they can have access to court services. This is an approach that has been adopted for some family cases in other jurisdictions, for example in Australia and Canada. Despite the fact that the definition of mediation is that of a ‘voluntary, consensual process’, many mediation providers and judges are in favour of mandatory mediation programmes.
Recent changes to family procedures have continued the emphasis on attempting mediation before accessing court procedures. In family …show more content…

First of all, central to the arguments in favour of mediation is the idea that there is no ‘right answer’ to a particular dispute. If the parties reach a solution which is right for them, no one else should be able to regard their agreement as the wrong one.
The second advantage is that supporters of mediation claim that the solutions agreed by the parties are more effective than court orders in the long term. There are three aspects to the argument that mediation produces more effective results. The first is that because the parties have reached the agreement themselves, they will more easily be able to renegotiate it together if difficulties with the agreement subsequently arise.
Secondly, the solution reached through mediation will be one which the parties can tailor to their particular lifestyles rather than being a formula applied by lawyers or judges to deal with ‘these kinds of cases.’ Thirdly, it is argued that, as mediation can be hard work and emotionally exhausting, the parties will therefore feel more committed to the agreement than if it had been given to them by a

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