Lawyers 'better' than mediation

Mediation is not an alternative to solicitors and has 'zero' effect in reducing the numbers of legal aid certificates granted for or the legal costs of divorce, a long-awaited report published last month has found.

The report, prepared by Professor Gwynn Davis of Bristol University, concluded that many clients who had experience of both mediation and solicitors were positive about their experience with lawyers.

On children issues, 60% of respondents found solicitors very helpful (as against 35% for mediators); on financial issues, the figure was 54% as against 33%.

The report also found that many people referred to mediation under s.29 of the Family Law Act 1996 - which makes it mandatory for publicly funded clients - were 'compliant but not enthusiastic' and that second parties who were not obliged to attend chose not to.

As it currently operates, s.29 'is not an effective means of getting those who might benefit from mediation to consider it at what is, for them, the right time', the report said.It also concluded that referring clients to mediation failed to reduce the number of legal aid certificates granted or spent on legal costs.

While supporting mediation, Professor Davis said there was little prospect of it replacing lawyers.

'Just because mediation does not reduce lawyers' costs does not mean it is not a valuable service.

But it must be judged on its own merits againstother demands on public funds,' he said.Peter Watson-Lee, chairman of the Law Society's family law committee, said he hoped the government would cease compulsory referral to mediation but continue to provide public funding.

Rosemary Carter, chairman of the Solicitors Family Law Association, said the report underlined the fact that there was no substitute for legal advice and hoped that lawyers would now gain the credit they deserved.

Thelma Fisher, chairwoman of the UK College of Family Mediators, said mediation should be judged on its own merits, as an alternative to the legal process, and not have to justify itself as either better or cheaper than lawyers or courts.Links: www.legalservices.gov.uk (report available from 8 January)Sue Allen