GREAT ORMOND STREET HOSPITAL -v- YATES and GARD [2017] EWHC 1909 (Fam) The Hon. Mr Justice Francis

The use of mediation

‘I want to mention, again, the subject of mediation. Almost all family proceedings are now subject to compulsory court led dispute resolution hearings.

This applies in disputed money cases, private law children cases and in all cases involving the welfare of children who might be the subject of care proceedings.

I recognise, of course, that negotiating issues such as the life or death of a child seems impossible and often will be.

However, it is my clear view that mediation should be attempted in all cases such as this one even if all that it does is achieve a greater understanding by the parties of each others positions.

Few users of the court system will be in a greater state of turmoil and grief than parents in the position that these parents have been in and anything which helps them to understand the process and the viewpoint of the other side, even if they profoundly disagree with it, would in my judgment be of benefit and I hope that some lessons can therefore be taken from this tragic case which it has been my duty to oversee.”

The Hon. Mr Justice Francis

GREAT ORMOND STREET HOSPITAL -v- YATES and GARD [2017] EWHC 1909 (Fam) The Hon. Mr Justice Francis
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