In their recently published manifesto  for the Scottish Parliament elections, Relationships Scotland calls for an urgent debate in Scotland to increase the uptake of mediation as an alternative to court action in family cases.

They are calling on all Scottish political parties to put in their manifestos that they will make it a legal requirement for divorcing couples to consider mediation and other forms of alternative dispute resolution before hauling their family through court.

Mediation has been available in Scotland for 30 years but take up remains relatively low.  Only about one in four divorcing parents use mediation and this falls to one in ten for all cases involving divorce and separation.

In England and Wales The Children and Families Act requires separating couples involved in parenting or financial disputes to meet with a mediator prior to going to court.

FNF Scotland supports this proposal, and would also suggest that the court should take a refusal to mediate into account in contact and residence actions unless an acceptable reason is given for this refusal.