(Family Law Report)

Comments by the UK’s most senior judge that mediation is particularly suitable for ‘ordinary people’ and ‘average citizens’ in the current economic climate should encourage more family court judges to push people to mediate, says the largest provider of family mediation in England and Wales.

Speaking of the danger that a ‘perfect storm’ of economic circumstances threatens access to justice for ordinary people, Lord Neuberger outlined the impact of a combination of the spiralling cost of litigation, limitations on legal aid, and court fee increases. ‘Given that we are in an age of austerity and proportionality,’ he said ‘mediation is particularly suitable for legal disputes’.

We remain a long way from the tipping point whereby mediation becomes the first port of call for divorcing couples.

However the evidence of our own statistics, showing take-up of mediation is rising, combined with important messages from very senior legal figures, are encouraging indications that we could be heading in the right direction.

We now need family court judges up and down the land to act on Lord Neuberger’s comments, to embrace mediation and use the powers they already have to direct people who come before courts towards alternative means of settling disputes.’

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This Act received Royal Assent on 13th March and will bring in some important changes to the law and practice relating to families and children in the Court process on 22nd April 2014.

The most important change in practice is the requirement that any person wishing to commence proceedings relating to a child must attend a Mediation Information & Assessment Meeting known as a MIAM. Whilst this is supposed to happen now it has not been regularly enforced by the Courts and there have been different approaches in different parts of the country.

It is understood that a change in the procedure will mean that an accredited mediator will have to endorse the application form to confirm the applicant, at least, has attended such a meeting.

Family Justice and Civil Liberties Minister Simon Hughes, said:
“We are making sure the welfare of children is at the heart of the family justice system.

“We want to keep families away from the negative effects that going to court can have and to use alternative solutions when they are suitable. This is why we have changed the law to make sure that separating couples always consider mediation as an alternative to a courtroom battle.”
We are not yet clear what will happen to those cases where the current form known as FM1 has been issued by us but the proceedings have not been started and if there will be some transitional arrangements.
There is also a major change in terminology moving away from concepts of residence and contact to what is to be known as a “child arrangements order”, which will deal with:
(a) with whom a child is to live, spend time or otherwise have contact, and
(b) when a child is to live, spend time or otherwise have contact with any person;”.

Mediation provides a neutral venue for parents and others caring for children to have a managed and structured discussion with a trained professional to put aside personal differences and concentrate on what is in the best interests of the child. Depending on the child’s age and maturity it is also possible for their voices to be heard and we have mediators who are specially trained to hear what children have to say and feed that back to the parents in the mediation process.
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According to another report in the Daily Mail, financial pages this time, based on release of figures from the Office of National statistics more than 320 married couples split up each day and collectively would have spent £154 million on legal costs in relation to divorce. This is a slight increase on the previous year and amounts to average £1,300 each.

The Times report made the point that after ten years of decline in the divorce rate the 118,140 divorces in 2012 was 0.5% more than the previous year. They also reported a suggestion that this showed signs of economic recovery as couples in unhappy marriages waited for property prices to rise before separating.

Another feature emerging from the figures was that older couples were more likely to divorce.

Costs can be controlled by engaging in mediation where legal aid is still available, a message the Government seems to be failing to get across. Even if you are not eligible for legal aid the average cost for resolving all issues through mediation is half the average figure quoted in the Daily Mail report for going through solicitors.

So, whatever your age or financial circumstances it is worth considering mediation as a way of resolving what is going to happen on or after separation. With both parties sitting down together with a trained family mediator and working together you can cover a lot more ground in an hour than you can each consulting your own solicitor for an hour then exchanging letters at whatever cost plus 20% vat.

Call 01872 225 022 for more information about the services we offer
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Family cases have been in the news a bit recently with issues over pre-nuptial agreements and threats of being disinherited but the one which stood out from a mediation point of view was this report from the Daily Mail – http://www.dailymail.co.uk/news/article-2563048/Family-judge-tells-warring-couple-settle-cup-tea-worked.html where the Judge suggested that parents should sit down and have a cup of tea and a chat when handing children over between them. After ten years of litigation and 24 court hearings it seemed to have worked.

Of course, perhaps they should have tried mediation at an earlier stage rather than embarking on proceedings that must have been costly – both emotionally and financially. The mediator would have explained the effect of hostility on the children, drawn on experience of other couples and research and encouraged a co-operative approach to parenting rather than the adversarial approach brought about by Court proceedings where attitudes harden and each tend to feel the other is getting at them and, in the end, the Judge tells them what is going to happen.

To find out how mediation can help parents make arrangements for bringing up children even though no longer living together – after all the children love each parent – then please call or e-mail us – 01872 225022 or [email protected]*

Since April 2013 Legal Aid was withdrawn from solicitors except where there was proven Domestic Abuse or in Care proceedings. Until then parties wishing to apply for legal aid had to be referred to a mediation service to show they had, at least, explored mediation as an alternative to the Court process before they could even apply for Legal Aid. Now that process no longer happens and as a result there has been a drop of more than 50% in parties attending an initial Mediation Information & Assessment Meeting (MIAM) just to find out about it and consequential drop in those trying to resolve matters for themselves through mediation rather than issue Court proceedings where there has been an increase in people issuing applications themselves without recourse to a solicitor.

It appears that it is not widely known enough that Legal Aid does remain available for mediation. It remains means tested but for those on certain benefits such as Income Support or JSA (Income Based) this is a passport to Legal Aid and even those in work can be entitled once housing costs, tax & NI and children are taken into account.

Accord offers mediation across Cornwall, Devon and the South West, and Legal Aid to help with the costs where eligible, so there is no need to shy away from approaching a helpful and friendly service where we can assist both parties through the difficulties that arise on separation and you do not need to see a solicitor first. So please contact us to find out more.*

Accord is delighted to announce the opening of their new offices in Plymouth. After several years of requests by local solicitors the decision was made to acquire centrally located offices to extend Accord’s mediation services to clients throughout the Devon area. We can now offer 3 air conditioned meeting rooms for clients with pay and display parking adjacent to the building. From September clients may now be seen at Cobourg House, Mayflower Street, Plymouth, and from 15th November clients who qualify for Legal Aid can mediate without incurring any costs repayable to the Legal Services Commission. Private clients can be seen at various venues throughout Devon, Dorset, Somerset and Avon.

You can make an initial enquiry by telephoning Mrs Amanda Lettington on 01752 226800 or email [email protected]

Since 1996 Accord has been conducting Commercial Mediation throughout Cornwall, Devon, Somerset and Avon and has the use of several venues throughout these counties for more information please telephone Mrs Teresa Hallett on 01872 225022 or email [email protected]*

On Monday 24th May Accord opened the doors of its St Austell offices on Polkyth Road after the premises had undergone a total renovation taking some 12 weeks. The St Austell office offers 2 meetings room, an administration office and a reception area and cloakroom facilities. Accord had been fortunate enough to secure an alternative venue in St Austell to ensure no disruption to clients. Clients can continue being seen by appointment at Polkyth Road, from 9am to 4pm Monday to Friday. Emergency appointments are always available in Truro, St Austell, and Bodmin offices, when clients can be seen within 24 hours of making contact with us on 01872 225022.*

(Article courtesy of http://www.familylaw.co.uk/Newsline.aspx)
FRI 08/01/2010 – Early results and evaluation of a pilot scheme to make in-court family mediation available to legally aided parties has proven to be effective.

The pilot scheme, developed by the Legal Services Commission (LSC), operated in Family Proceedings Courts and county courts for 6 months, up to 31 December 2009, targeting five areas: Birmingham, Sheffield, Milton Keynes, Reading and Plymouth.

The project’s aim is to encourage consideration and the use of mediation following an assessment at the court. Academic research has proven that separating couples who are willing to participate in mediation generally manage to settle disputes more cheaply, more quickly and less acrimoniously. Mediated family cases take on average 110 days compared with 435 days for non-mediated cases.

Preliminary results show that, taking into account mediations so far concluded, in 72 per cent of mediations agreement was reached or the dispute was narrowed (the outcomes of 44 cases where further mediation subsequently took place away from the court are still outstanding). Furthermore, in 44 per cent of cases, participating parties had not previously considered mediation.

Nationally in 2008/09, 13,552 mediations were commenced, up from just 400 in 1998. Currently 68 per cent of mediations funded by the LSC reach a full or partial agreement.

According to the LSC the costs of the pilot are close to the anticipated levels. In their evaluation the LSC will consider not only costs as paid for mediator time at court, but also value, which largely depends on how many clients use the service.

Evaluation is still ongoing and will involve receiving feedback from the judiciary and Cafcass officers, as well as mediators.

Sarah Kovach-Clark, Head of Family Policy at the LSC, said: “One in five legal aid clients who experience a family dispute resolve the matter through mediation. It’s clearly early days for the evaluation of the pilot but we want to continue to increase this number as we recognise the benefits for those involved, their children and families.”
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