The right hon. Gentleman makes a good point. The new clause is not intended to make mediation compulsory. It is not possible to do that, but we can make mediation a routine part of accepted practice in court proceedings. If the mediation does not take place, it is right to take note of it. There should be some acknowledgement that mediation is a good process to go through. We tabled the new clause because we believe that it is in the best interests of the child to try to resolve these situations without the acrimony that often pervades court proceedings. Indeed, a strong argument can be made for the beneficial effects of mediation. Agreements reached in the shadow of the court can often be pressurised and, if they break down, it is certainly not in the child’s best interests.
The benefits of mediation are well catalogued. Members will recall from debates in Committee that just five hours of mediation can promote sustained contact between absent parents and children many years beyond the separation and divorce. Indeed, the University of Virginia conducted a study into that very aspect and it provides compelling figures. It found that, after 12 years, 30 per cent. of parents who attended mediation were in weekly contact with their children, in comparison with 9 per cent. of those who had been through litigation and not participated in mediation. Those are important figures that I hope will help the House to understand why we feel that mediation should be a routine part of the procedures of divorcing parents who are going through these processes.
Children and Adoption Bill [Lords]
Proceeding contribution from
Maria Miller
(Conservative)
in the House of Commons on Tuesday, 20 June 2006.
It occurred during Debate on bills on Children and Adoption Bill [HL].
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2005-06Chamber / Committee
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