New Family Mediation Legislation

In April 2011 new laws regarding family mediation were introduced. The protocol intends to increase the use of family mediation, a process which can help during family break-up and divorce. This article explores how the law has changed, and how this is likely to affect you.

What Are The New Family Mediation Laws?

The new protocol means that those wanting to make an application to court for family proceedings (such as divorce) must first attend a Mediation Information Assessment Meeting. At this meeting, each party will consider with a mediator whether your dispute could be resolved via mediation. If so, then further meetings will be arranged in an attempt to discuss each party’s concerns and settle upon a resolution agreeable to all.

However, if proceedings do go to court, you will be asked if mediation has already been considered as an option. If not, the court may decide there has been a failure to comply with the protocol and refer your case to a mediator. There are, however, some exceptional circumstances which are listed below.

Therefore an initial mediation assessment is now compulsory for nearly all family proceedings. This differs to the previous set of practices, whereby it was possible to make an application straight to the court without having to take these additional steps. Even so, in the long run mediation may in fact save you time and money, while it is also widely believed that resolving a family dispute outside of court is much less harmful – particularly if there are children involved.

Exceptional Circumstances

There are some exceptional circumstances to which the new family mediation laws do not apply. These include:-

The mediator decides the case is not suitable for mediation;
There is an allegation of domestic abuse;
One of the party’s is bankrupt;
Social services are involved in child protection proceedings;
The whereabouts of one party is unknown;
The parties are already in agreement, and mediation is not necessary;
There is a matter of urgency – eg. a delay puts the safety of a child at risk;
Three mediators within a 15 mile radius have been contacted, none of whom is able to attend a meeting within 15 working days.

Frequently Asked Questions

What Is Mediation?

As a form of dispute resolution, mediation can be a useful tool in resolving disagreements before the matter is taken to court. While mediation can be used in a number of areas, family mediation deals with the resolution of disputes that arise before, during or after the breakdown of a family relationship. It enables each party to air their grievances and discuss their concerns, all in front of an independent mediator who helps guide the meeting. The aim is to reach a resolution each party is happy with, meaning court proceedings are no longer necessary.

How Long Does Mediation Take?

Mediation services are usually able to arrange a mediation meeting quickly. These meetings tend to take around 90 minutes, while the number of meetings will depend upon the nature of the disagreement.

Can I Make An Application Without Going Through Mediation?

If you make an application to the court without having complied with the new protocol, the court will certainly ask at the first hearing whether mediation has been considered and why it has been rejected. Unless you have an exceptional circumstance, the court will take into consideration your failure to adhere to the new rules. It is likely you will then be referred to a mediator before court proceedings go any further. Therefore it may save you time and money to attend a Mediation Information Assessment Meeting before going ahead with your application.