Mediation: will this now be used as a first port of call for family disputes?

Recent comment

Dominic Raab has this month said “I want to see children and their parents spared the stress and conflict of the courtroom as much as possible”.  It is thought that these comments are in response to the pandemic causing a severe backlog in court listings in the family courts and drastic action being required in order to ease the pressure on the court system.

As a result, Mr Raab has commissioned proposals for family disputes (which do not involve domestic violence) to be resolved without issuing court proceedings and to see how this could be put into practice.  It would then be hoped that as a result of cases using mandatory alternative dispute resolution as a pre-requisite to court proceedings, this will assist in providing vital capacity to the family courts.

Mediation

Mediation is a method of alternative dispute resolution which involves a trained and independent mediator being instructed by the parties to assist a resolution being reached in respect of children, finances or property disputes.

The mediator is chosen by the parties and works together with them to see whether a solution can be reached. Once any agreement is achieved, the parties can seek independent legal advice to ensure that the resolution can be recorded in a consent order and approved by the court, therefore being legally binding.

At present, before making a court application, a party need only show that they have considered mediation to resolve the dispute by attending a Mediation Information and Assessment Meeting (a ‘MIAM’).  As part of the court application, a signed MIAM page must be provided by a mediator (unless specific exemptions apply) before the court will permit an application to proceed.

Family Mediation Voucher Scheme

In response to the pandemic’s impact on the family courts, the Government set up this scheme in March 2021 with an initial fund of £1,000,000, to encourage more parties to consider mediation as a means of resolving their disputes, where appropriate.  If eligible, a financial contribution is made of up to £500 towards the costs of mediation. 

It is thought that to date, this scheme has now assisted up to 2,000 families. Whilst it was initially considered that the scheme would run to August 2021, this has been extended by a further £800,000.

The mediator will assess the issues in dispute and consider the eligibility requirements (such as whether there is a dispute regarding a child (or a financial dispute but which also involves a child)).  The mediator will apply for the voucher funding and it will be paid directly to them once all mediation sessions are concluded.

How can we help?

Whilst mediation is at present only available where both parties agree to mediate – it remains to be seen once the government’s consultation process is complete whether this will be mandated as a pre-requisite to applicable cases before court proceedings may be issued in family disputes. 

Here at Jones Nickolds, we have two trained mediators: Rachel Woodd and Claire Nickolds.  Our Mai-Ling Ho is also in the process of training to be a mediator.

Should you require any further information, please contact us on 0203 405 2300 or contact@jonesnickolds.co.uk