Mediation

The court room is the worst place to settle these disputes. We always recommend mediation and other out-of-court alternatives as it can be quicker and less expensive.

Parents need to know the impact of separation and divorce on children and the consequences for children if they don’t have a relationship with both parents.  We recommend mediation but as an alternative to court, not a route to delay in deciding parenting arrangements. The inclusion of a presumption of shared parenting in legislation coupled with radical change in the family law system would make mediation highly effective in most cases.
 
There are of course cases where one or both of the parents are not able to negotiate and the Court does have to be a last option here.  Many parents fear applying to Court to maintain a relationship with their children.  Too many fathers, in particular, are not taking action via the Court system as they hear the horror stories. FNF can provide the support that these parents need.

A pre-application protocol to support the increased use of mediation information and assessment meetings

For more information click here

A Pre-application Protocol (PAP) has been introduced by Sir Nicholas Wall, President Family Division, to support the increased use of family mediation information and assessment meetings by self-funding individuals.

The Ministry of Justice has been considering the future of family mediation in the context of the Family Justice Review. The introduction of the PAP is planned as an initial step to improve awareness and understanding of mediation for those wishing to make an application to court, whether publicly-funded or otherwise, to consider it, where appropriate, as alternative means of resolving their disputes. The PAP is expected to come into effect from 6th April 2011.

From that date, all potential applicants for a court order in relevant family proceedings will be expected, before making their application, except in certain specified circumstances, to consider with a mediator whether the dispute may be capable of being resolved through mediation.

Not everyone intending to issue court proceedings would fall within the scope of the requirement. For instance, family proceedings in relation to domestic violence, or in relation to emergency proceedings, will be expressly outside the scope of this requirement.

No party will be required to mediate, rather they will be asked to attend a meeting to learn about mediation. This will allow parties to make informed decisions about how they seek to resolve their disputes.

See also Relate.


Contact National Family Mediation at http://www.nfm.org.uk or click here to find your nearest service.


See also the UK College of Family Mediators or the Family Mediators Association.


In Wales contact Cardiff Family Mediation.


See also the Lord Chancellor's Department list of Marriage Support Organisations


If you qualify for Legal Aid you may be able to obtain free mediation services. The following areas provide a list of trained mediators contracted to the Legal Aid Board:

    * London (some areas) 020 7813 5303

    * Birmingham 012 1632 6541 ext 2019

    * Manchester 016 1228 1200 ext 2271

    * Newcastle 019 1232 3461 ext 322

    * Bristol 011 7930 4076

    * Cambridge 012 2336 6511

    * Nottingham 011 5955 9644

    * Cardiff 029 2034 4872

For information on the pilot project contact the Legal Aid Board: 020 7813 1000.