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To ask the Secretary of State for Justice if he will consider the introduction of a mandatory mediation for both parents to undertake in child contact disputes which do not involve an allegation of domestic violence involving a police investigation, prior to any such case being presented before the Family...
To ask the Secretary of State for Justice if he will consider the introduction of a mandatory mediation for both parents to undertake in child contact disputes which do not involve an allegation of domestic violence involving a police investigation, prior to any such case being presented before the Family...
The Government believes that mediation can play a valuable role in helping parents to maintain an ongoing parenting relationship during and following separation or divorce and is actively encouraging people to seek information as early as possible when considering their arrangements. The process of mediation can also equip parents with the skills needed to communicate and negotiate changes to arrangements for their child in the future.
The coalition Government has no plans, however, to make mediation compulsory in family disputes. Mediation is a voluntary process and as such it would be quite wrong, and would be likely to be counterproductive, for the Government to seek to compel people to mediate against their will. Whether family mediation is appropriate for resolving a particular family dispute depends on a number of factors. Mediation will usually be inappropriate where domestic violence or abuse is an issue but any significant power imbalance between the parties would also make mediation unsuitable.
Under a pre application protocol introduced in April 2011 a prospective applicant in specified types of family proceedings is expected, except in certain specified circumstances, to consider with a mediator whether the dispute could be resolved through mediation. This involves attending a mediation information and assessment meeting (a ‘MIAM’) to receive information about family mediation and how it might help the parties settle their dispute. The MIAM takes place before any proceedings are started in court.
The court will expect all applicants to have complied with the protocol before commencing proceedings (except where any exemption applies) and will also expect a respondent to have attended a mediation information and assessment meeting, if invited to do so. If court proceedings are taken, the court will wish to know at the first hearing whether mediation has been considered by both parties.
We believe that the operation of the protocol needs to be further improved so that consideration of mediation becomes routine and not the exception. The Government's response to the Family Justice review made it clear that
consideration would be given to a statutory change to make attendance at a MIAM by a potential applicant a prerequisite for starting relevant family proceedings (with limited specified exemptions, for example where there is evidence of domestic violence).
The Government published a draft clause in September to this effect which has been subject to pre-legislative scrutiny by the Justice Select Committee. The Government awaits publication of the Committee's report and will consider carefully any recommendations made.
I was a legal aid family lawyer for 23 years before becoming an MP, and my husband continues to run our firm in Croydon. I declare an interest in the debate. The Government's plans to reform legal aid are brave and bold. The consultation has been taken seriously and important...
I was a legal aid family lawyer for 23 years before becoming an MP, and my husband continues to run our firm in Croydon. I declare an interest in the debate. The Government's plans to reform legal aid are brave and bold. The consultation has been taken seriously and important...
The problem is that not all cases can be mediated, and the difficult ones—the ones that we are dealing with—usually end up in court anyway. The plans have telephone advice as an alternative to a trusted and recommended solicitor, but the law is complicated. The law can be an ass,...
The problem is that not all cases can be mediated, and the difficult ones—the ones that we are dealing with—usually end up in court anyway. The plans have telephone advice as an alternative to a trusted and recommended solicitor, but the law is complicated. The law can be an ass,...
My hon. Friend makes a good point, and change must be paced. Not for profit does not mean ““No funds, please.”” Those organisations still need cash just to stand still, let alone to deal with the massive glut of cases that will fall into their laps, but I am reassured...
My hon. Friend makes a good point, and change must be paced. Not for profit does not mean ““No funds, please.”” Those organisations still need cash just to stand still, let alone to deal with the massive glut of cases that will fall into their laps, but I am reassured...
If matters such as residence and contact can be resolved without litigation, as they sometimes are, that is a good thing. Unfortunately, a woman in the situation that I have described and a man who has historically been difficult, drunken and abusive might not, regrettably, be able to sort things...
If matters such as residence and contact can be resolved without litigation, as they sometimes are, that is a good thing. Unfortunately, a woman in the situation that I have described and a man who has historically been difficult, drunken and abusive might not, regrettably, be able to sort things...
The proposals also rely on judges, chairmen of tribunals and magistrates having the time to give advice to litigants in person. Does the right hon. Gentleman agree that that time simply does not exist? Judges already have back-to-back lists. To give an example from Kent, there is already a five-month...
The proposals also rely on judges, chairmen of tribunals and magistrates having the time to give advice to litigants in person. Does the right hon. Gentleman agree that that time simply does not exist? Judges already have back-to-back lists. To give an example from Kent, there is already a five-month...
I declare an interest in the debate, having been a legal aid family lawyer. I want to pick up the point about mediation. Does the hon. Gentleman agree that mediation can be quite useful, but it is no panacea and frequently fails when there is an imbalance of power, which...
I declare an interest in the debate, having been a legal aid family lawyer. I want to pick up the point about mediation. Does the hon. Gentleman agree that mediation can be quite useful, but it is no panacea and frequently fails when there is an imbalance of power, which...