⇒ Mediation is NOT consulting, judgmental, therapy, or marriage guidance

⇒ Mediation IS confidential, voluntary, impartial, own informed decision, by negotiation

⇒ Part III of the Family Law Act 1996 caused more mediation due to it being compulsory to see a mediator before getting legal aid

⇒ Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 led to withdrawal of legal aid from the majority of family proceedings

• It didn't withdraw legal aid from mediation, but it made it harder for individuals to fall within the means test for legal aid i.e. it had a knock on effect
• Mediators lost 30-50% of work following LASPO 2012

⇒ The National Audit Office Report in 2007 made a number of recommendations to the Legal Services Commission,including the need to promote mediation, improve access to mediation, and ensure individuals try mediation before seeking other remedies

⇒ 'Every Family Matters' was a big policy report that fed into Family Justice Review, which recommended:

• The continuation that a person who seeks legal aid should first see a mediator
• Every party intending to go to court should be told of the benefits of mediation
• In child cases, alternative dispute resolution (ADR) should be used before going to court - this was not adopted!

⇒ This practice direction was designed to assist parties reach safe, sustainable agreements outside court, that are in best interests of children and take account of their perspectives

⇒ This green paper promoted the use of online mediation and wanted to ensure mediators were all at the same, high standards

⇒ The Family Procedure Rules said that the court must consider, at every stage in proceedings, whether alternative dispute resolution (ADR) is appropriate (rule 3.2)

⇒ The court will adjourn if: ADR is appropriate, the parties want more information on it, or they agree to use it (rule 3.3)

⇒ The aim of this was to ensure parties have considered mediation as alternative way to resolve their dispute, before they apply to the court for family proceedings

• It was not compulsory, at the time, for solicitors to mention it

⇒ So, it introduced the need that applicants attend a Mediation, Information and Assessment Meeting

• There were some exceptions though e.g. those involved in domestic violence didn't need to attend such meetings

⇒ The Family Justice Review recommended Family mediation be put at the very centre of family justice

⇒ They rebranded Alternate Dispute Resolution (ADR) to dispute resolution

⇒ It established the expectation that parties must attend a Mediation, Information and Assessment Meeting (MIAM) before making an application to court

⇒ If necessary, after a MIAM parents can attend a SPIP (i.e. Separated Parents Information Programme) - SPIP helps parents understand the impact of separation on their children

⇒ The Family Justice Review wanted court to be the last resort for parents

⇒ All mediation relating to children must be “child centred”

⇒ The FJR also sid mediation standards must be high - new standards of accreditation came into force in January 2015

⇒ Section 10(1) states that before making a family application to court the person must attend a Mediation, Information and Assessment Meeting (MIAM)

⇒ When a case involves violence (e.g. domestic violence), drug abuse, history of mental illness, or a refusal to provide information

⇒ Mediation is likely to be doubtful where there is a power imbalance, financial complexity and hostility

⇒ Pros: More creativity, child focused, empowers parents, cheaper, more communication

• Lady Hale in the case of Holmes-Moorhouse [2009] was very positive about mediation

⇒ Cons: Power imbalance, hard to be impartial, can be complex, may be stressful