... in relation to their own legal rights and obligations and for the preparation of necessary divorce papers. Further to this, a small percentage of cases are settled in the courts, but this is a 'safety net'. The courts are the 'ultimate jurisdiction' if couples are unwilling or unable to take this responsibility4. Often, if mediation breaks down, the case will pass to a solicitor, social services or a marital counsellor5. It is also possible to negotiate the path of divorce procedure with using neither mediation nor lawyers, but this rarely occurs. Arguments for and against It is suggested that expert help may allow the parties to a marriage to resolve issues of finance and child custody without causing more than minimum anxiety to themselves and their children6. Mediation enables the parties to reach a solution which is right for them, as well as being just and in the children's best interest. This ...

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