Just like the title to the 2008 song, Madonna and Guy Ritchie seem to be miles away when it comes to deciding where their son, Rocco should spend his time. The Honourable Mr Justice Macdonald, in the recent High Court decision, presents a strong message that Courts should not be intervening in children related disagreements. Mr Justice Macdonald states that although “the law provides a mechanism for the resolution of disputes between parents in respect of their children it is but a blunt instrument when compared to the nuanced virtues of calm discussions and considered compromise”. This is more than a nod in the direction of mediation, whereby parties to dispute are able to sit together and discuss the virtues of their respective arguments.
In the final message of his judgment Mr Justice Macdonald focused on the transience of childhood, and that this time should be embraced and treasured, not spent embroiled in litigation.
Mediation seeks to focus parents on their children and determine what is best for them. It forces parents to talk matters through, calmly and together, erasing months of wasted time trapped in the court system. Mediation is often seen as an option for parents who are amicable. However, this is not the case and many a bitter and protracted situation has been resolved through mediation.
Should you wish to find out more about the mediation, please contact Rachel Jaysan.
020 8958 2073