Mediation must be voluntary to ensure access to justice

June 20, 2023

The Law Society of England and Wales has recently responded to a government consultation, stating that mandatory mediation should not be imposed on divorcing couples. This is because it could potentially create barriers to accessing justice, which is a fundamental right for all individuals. The Society believes that no form of dispute resolution should be mandatory, as attendance must be voluntary in order for it to be effective.

It is important to consider the complexity of each individual case, as mandatory mediation could potentially harm vulnerable individuals who are seeking a court hearing. Therefore, it is crucial that the government takes into account the unique circumstances of each case and ensures that all individuals have equal access to justice.

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