SUPREME COURT OF APPEAL ENDORSES MEDIATION

"I record too that the litigation has not been in any of the parties' interests. Clearly, after Ms R's death in particular, emotions ran high. All wanted to keep C with them. But had the Js not ambushed S at the funeral with papers in respect of proceedings in the Children's Court, and had all concerned attempted to talk about her genuine best interests, they would not have spent nearly five years embroiled in a dispute about her residence. This was not only at great emotional cost to all, but also at great financial cost which none of them could really afford. Fortunately C's interests have been served by Deysel who has acted pro bono. I endorse the views expressed by Brassey AJ in [Brownley] that mediation in family matters is a useful way of avoiding protracted and expensive legal battles, and that litigation should not necessarily be a first resort. Legal practitioners should heed s 6(4) of the Children's Act which provides that in matters concerning children an approach conducive to conciliation and problem solving should be followed and a confrontational approach should be avoided."

The following orders are made:

(e) In the event that the parties experience difficulty in arranging contact they must first attempt to resolve this through a mediator rather than through court proceedings.