Thursday, April 7, 2011
Australia World Leader with Mandatory Mediation in Family Law Parenting Disputes
Los Angeles Attorney, Mark Baer, has praised Australian reforms in Family Law whilst expressing concerns about recent Californian legislation likely to increase time, expense and the adversarial nature of Family Law matters. According to Mr Baer, "It's time for our (USA) government to affect (sic) a reform in the family law system to shift the emphasis from litigation, as the dominant practice, to mediation ... Litigation is not only more expensive but it is also more damaging to the family system which still has to maintain contact and function, to some extent, when there are children involved." Mr Baer comments on the British introduction from 6 April 2011 of a requirement for divorcing couples in England and Wales to undergo mediation for both parenting and financial issues before being allowed to access the courts. He points out that this reform follows the Australian example. In Australia, except in certain exceptional circumstances, Registered Family Dispute Resolution Practitioners must issue Certificates indicating that parties have attempted to resolve their parenting disputes at mediation before an application can be made for intervention by either the Family Court or Federal Magistrates Court. Denise Britton - Co-Principal, Brisbane Mediations http://mwne.ws/gMJI0f
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