Lexis®Library update: The consultation document references the 69% success rate of the mediation voucher scheme and that over 13,500 families having accessed the scheme to reach full or partial agreements. The consultation, which closes on 15 June 2023, is open to the public and the MoJ is particularly interested to hear from organisations representing separating families, family justice practitioners, mediation service providers and individuals who have been through the family courts or mediation.
Commenting on the plans, Sam Townend KC, vice chair of the Bar Council, said:
‘The Bar Council welcomes the consultation announcement and the opportunity it provides to focus on how to address the outstanding case backlogs in the family justice system. The additional money to support mediation is welcome and we will consider the issue of making mediation mandatory. Provision for mediation without allowing for prior legal advice is unlikely to be generally successful and may, in cases where there is a real discrepancy in resources, be detrimental. We look forward to considering the consultation and responding.’
Family lawyer organisation Resolution warned that that unless the measures are underpinned by better signposting to and the funding of early legal advice, separating families could be left to flounder in a failing family justice system. Resolution’s Chair, Juliet Harvey, commented:
‘We welcome anything that can help families avoid court where it’s possible, safe and appropriate for them to do so. Mediation will help many to do this and can be a very effective method of resolving disputes. But it is not right for everyone and works best when it is done voluntarily – forcing parents to choose a route that may not be suitable for them is not the answer. It may leave them without a lasting solution and could mean they end up needing more help and taking up more court time further down the line.’
Source: MoJ: Supporting earlier resolution of private family law arrangements
This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 23 March 2023 and is published with permission. Further information can be found at: www.lexisnexis.co.uk
