The family Law Bill will become law this year.
That was the very clear message I received last week from Jonathan Evans, parliamentary secretary at the Lord Chancellor's Department, who will be responsible for piloting the Bill through the House of Commons.Are we ready for the changes and has the Law Society given the profession enough guidance? Some solicitors have told me: 'too little, too late'.
I understand their concerns for the future and I know that morale among family lawyers is very low.
But I want the profession to know what the Law Society is doing.The family law committee continues to influence the legislation at every level by talking to the Lord Chancellor and members of his department; by briefing peers as the Bill progressed through the House of Lords; by lobbying MPs in anticipation of the passage of the Bill in the Commons; by engaging in the debate in the media; by negotiating with the Legal Aid Board; and by co-ordinating action with the Solicitors Family Law Association, mediation groups and voluntary organisations, all of which have an interest in family law.We have been effective.
We have had a considerable influence on the current amendments to the Bill, especially those relating to pension splitting.
We will continue to press for further amendments in the Commons.The profession should be aware that if the Bill remains in its present form, I am confident that our clients will find every opportunity to exploit the inconsistencies of approach within it.
The government is promoting mediation without having the resources in place to deliver a service.There will be those who will be able to reach their own arrangements for the future, as envisaged in the Bill.
There will be others -- a far larger proportion than the government expects -- who will not, and who will still require the help of a caring and competent family lawyer.If mediation is seen by the general public to be preferable to litigation, there will be pressure for more mediators.
I know that many sol icitors want to train as mediators and want guidance on how and where to train.The family law committee is currently producing practice standards for solicitor mediators, including training requirements.
The Law Society has no plans to train mediators directly, but it will set standards for training which will be organised by training providers.The Family Mediators Association, National Family Mediation and Family Mediation Scotland have formed the UK College of Family Mediators to act as a regulatory body for their members.
The government has indicated that it does not want to create a comprehensive regulatory body for mediators.
Solicitors have a greater competitive edge than they realise.Funding for mediation will come from the Legal Aid Board.
Green form advice will still be available for divorcing couples before, during and after mediation, but legal aid certificates will not be available 'to shadow' mediation.
Our great concern is the preservation of legal aid certificates for family disputes where mediation has not been successful or where it would be inappropriate for the particular parties.Family lawyers will need to learn new skills and to consider fresh approaches to their work.The family law committee is promoting a consultation with the profession for the establishment of a family lawyer accreditation scheme.
I know that there is opposition within the profession to such a scheme and I want there to be a wide-ranging debate.
The majority of family lawyers to whom I speak say that they would support such a scheme and see it as a positive benefit.
I want to involve the profession as much as possible, not only in this debate, but in all this debate, but in all the changes which are occurring.
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