The parties had been involved in protracted and bitter family disputes. After a previous appeal they had been invited to refer their disputes to mediation.
Held: At that time, mediation within the Appeal Court was managed by commercial mediators. No attempt had been made to supervise the mediation, and it had failed. There is no good reason why the court should not maintain some supervisory role. The court noted that the mediation had been resumed and been successful.
Thorpe LJ observed: ‘there is no case, however conflicted, which is not potentially open to successful mediation, even if mediation has not been attempted or has failed during the trial process’
Judges:
Thorpe LJ
Citations:
[2004] EWCA Civ 1353, Times 21-Oct-2004, [2005] 1 FLR 381
Links:
Jurisdiction:
England and Wales
Citing:
Application for leave – Al-Khatib v Masry and others CA 26-Jun-2002
Application for leave to appeal against ancillary relief order. . .
Appeal from – Al-Khatib v Masry FD 2002
The court heard an application for an ancillary relief order in divorce proceedings.
Held: General reputation prevailing in the community, and the mere opinions, inferences or beliefs of witnesses, are inadmissible in proof of material facts. . .
Cited by:
Cited – AI v MT FD 30-Jan-2013
The parties had asked the court to apply rabbinical law in resolving their matrimonial proceedings, applying by consent the result of a rabbinical arbitration.
Held: The court could not accept an ouster of its jurisdiction over children of the . .
Lists of cited by and citing cases may be incomplete.
Family, Litigation Practice
Updated: 27 June 2022; Ref: scu.219133
