The government is expected to receive a resounding ‘no’ to making mediation compulsory for separating parents to keep more family disputes away from court.

The Ministry of Justice’s consultation on compulsory mediation for all ‘suitable low-level’ family court cases closed last night.

The Law Society supported the government trying to help families reach an amicable resolution sooner but said in its consultation response that attendance must be voluntary for mediation to be as effective as possible. Government money would be better spent extending legal aid to early legal advice, the Society said.

‘Advice provides a “reality check”, manages unrealistic expectations, assesses a client’s suitability for mediation and provides trusted, legal advice. Early legal advice helps reduce conflict early on and helps clients better understand the parameters of their case. This will create significant benefits for both mediation and court processes… There are also benefits for those who must go to court, helping people understand their case better, and helping clients access services they are entitled to in domestic abuse and child abuse cases.’

Early legal advice would also enable practitioners properly assess cases for elements of domestic abuse and ensure adequate protection for those who need it, the Society added.

Resolution’s consultation response echoed Chancery Lane's concerns about compulsory mediation and also highlighted the importance of early legal advice.

The family law group suggested a range of family justice professionals could deliver ‘broader and more rounded’ advice and information meetings earlier in the separation process.

Determining if parties had made a ‘reasonable attempt’ to mediate was problematic, Resolution said. One session, in some cases, could be qualitatively better than three in another. Asking mediators to provide information on 'reasonableness' could undermine trust, it said. 

The Society and Resolution both highlighted other dispute resolution options. The Society called for legal aid to cover solicitor negotiations, arbitration and collaborative law. Resolution stressed the 'need for a semantic shift to the most suitable alternatives in the pre-court space, rather than forcing people down one route'.

 

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