jueves, 19 de noviembre de 2009

SESSION 4 (WEEK 7) >> SUMMARY FROM A CAREER-RELATED ARTICLE FROM THE GUARDIAN

Too many children suffer in divorce courts: we need more mediation

The emotional strain of family breakdown will never be solved by lawyers alone

Sandra Davis is partner at a law firm. She carried on a research who says that the courts aren’t the best place to solve divorces (family breakdown issues). Jane Robey says that actually an alternative to the courts exits: mediation.

The courts are congested with litigants who are fighting about emotional issues which they cannot regulate (because the courts don’t attend this kind of subjects). The divorce is a big business, because a 45% of marriages end in one. “The legal aid bill of £151m quoted in the article is the tip of the iceberg: the divorce market is worth up to £4bn to the legal profession. The National Audit Office identified a potential saving of £74m if family mediation were better used.”

The critics of the mediation say that mediation doesn’t work in the best interests of children. However, in any negotiation, children are first.

Finally, Davies concludes that the best way to persuaded to the parents for try the mediation before the court, is encouraging them to focus on their children, in a environment less hostile and confrontational.

Link: Too many children suffer in divorce courts: we need more mediation

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