It has recently been announced that an additional £5.4 million in funding will be available to help many families to try and resolve legal disputes outside of the Courtroom, which can often result in stressful, expensive, and drawn-out separation proceedings.
What is family mediation?
When a couple separates, it can often throw up a number of disputes in relation to the division of assets and finances and/or living arrangements for children. One potential way in which to keep a dispute amicable is to separate using mediation.
Mediation allows you and the other party (or parties) to work out solutions to the disputes you are facing in a safe, calm, and supported environment. It is a much cheaper and less time-consuming process compared to Solicitor-led litigation and/or Court proceedings. For mediation sessions to commence both parties have to agree to take part in it.
During mediation, a trained and impartial mediator will highlight the key issues of your dispute and will then try to help you both find a solution to these issues through face-to-face discussions.
Legal advice would not be given in favour of either party but both can have access to legal advice away from the mediation sessions. Any agreement reached during mediation can be made legally binding.
Is family mediation compulsory?
In England and Wales, when a person makes an application for a Court order in respect of many different types of family law disputes, it is compulsory for parties to have first considered mediation by having attended a Mediation Information and Assessment Meeting (MIAM).
There are, however, some exceptions, such as in cases where there have been domestic abuse or child protection issues. In such circumstances, exemptions will apply. Otherwise, attendance will be necessary to ascertain whether mediation is an option, although a couple cannot be forced to mediate.
What is the family mediation voucher scheme?
Under the family mediation scheme, which was launched at the beginning of 2021, £500 vouchers are provided to separating couples to help encourage them to consider mediation to resolve their disputes.
When attending a MIAM, a trained mediator will assess the issues of relevance to the dispute to evaluate if they are suitable for mediation and also meet the eligibility requirements for the voucher scheme.
However, not all cases are eligible under the family mediation voucher scheme. The following case types are eligible for a mediation voucher:
- A dispute/application regarding a child or children
- A dispute/application in respect of family financial matters where the parties are also involved in a dispute/application relating to a child or children
Only mediators who are authorised by the Family Mediation Council (FMC) are able to take part in the voucher scheme.
Additional funding
The additional funding announced on 3 June 2022 more than doubles the investment compared to the initial start in March last year, the new total is now £8.7 million. The increase in funding means an additional 10,200 vouchers can be provided for mediation services, 8,400 have been issued so far.
Dominic Raab, Deputy Prime Minister, Lord Chancellor, and Secretary of State said:
“We are investing over £5 million this year alone to help more families to resolve their disputes without the stress and trauma of lengthy Courtroom battles. Mediation protects children, by removing the bitterness of parental disputes from the amplifying effect of a Courtroom – and allows the family Courts to focus on adjudicating cases with serious safeguarding concerns, including domestic abuse.”
Research from the Family Mediation Council (FMC), which run the scheme, shows promising results. The first 2,800 completed cases that used the vouchers showed that 65% either reached an agreement or partial agreement through mediation and away from the Courts. However, three cases could not agree and attended Court.
It also showed that contributors would not have attempted mediation without the incentive voucher offered by the scheme. This is because mediation sessions would usually charge unless one of the parties has access to legal aid.
The investment also recently announced that it will extend the initiative to March 2023.
For further details of the Family Mediation Voucher Scheme, click here.
How can we help?
Gayle Rowley is a Legal Director, Solicitor and Mediator in our expert Leicester Family Law team.
If you would like more information on this subject or any related issues, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our team can provide along with details of our hourly rates and fixed fee services.
Please contact Gayle or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.
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