Family Law NewsWatch - 16th May 2008

The Master of the Rolls has said that judges should direct more litigants to mediate before taking disputes to trial.

Speaking at the Civil Mediation Council's second national conference in Birmingham last week, Sir Anthony Clarke said that the power exists for the courts to regularise mediation and to make it an integral part of the litigation process.

Sir Clarke said that "far too many people know far too little about mediation. I think we can all agree that this has to change... it must become such a well established part of [our litigation culture] that when considering the proper management of litigation it forms as intrinsic a part of our lexicon and of our thought processes, as standard considerations like what, if any, expert evidence is required and whether a Part 36 Offer ought to be made and at what level."

In order for this to happen Sir Clarke said lawyers and judges will need educating so that mediation becomes second nature to them.