On 6 April 2011, the Government introduced many changes to the rules on Divorce and Family Law, including a well-publicised requirement for separating couple to give Mediation a try (or as the Government puts it, to attend a "Mediation Information and Assessment Meeting".)
However, Family Lawyer at Hopkins Solicitors, David Winnett, says that this isn't the end of Family Law reform; indeed, more radical and exciting changes could be with us in just over a year's time.
David says that about a week before the new Mediation Rules came in, the Government published its "Family Justice Review".
David says "If it goes ahead, the Family Justice Review will bring in several key changes. Firstly, Mediation will become mandatory if you want to start Family Court Proceedings - the rules brought in on 6 April say only that you "should" attend a Mediation Information Meeting. Next, if Mediation fails, couples will be encouraged to try the four-way Collaborative Law process, before they embark on contested proceedings. In Children Proceedings, parents will have to attend a Parenting Information Programme, so as to better understand the potential impact of Court Proceedings on their children. The children will have rights to greater consultation in cases concerning them, and Mediation may be extended to cases where the local authority are seeking to make decisions for the children. Finally, this would all be linked into Legal Aid reform. One innovation may be to control the grant of Legal Aid through the Court system. Therefore, a judge can say "This case is so serious that it needs Legal Aid" which means cases that don't deserve Legal Aid will no longer be state funded. Also, the Government is likely to fund Mediation cases through Legal Aid, so all Family clients who qualify for Legal Aid should be able to attend Mediation, even if they no longer get Legal Aid for a solicitor to fight their cases."
David concludes by saying that whilst some solicitors have resisted these changes, and want to hang on to the way that things have always been done, "We at Hopkins believe we have to adapt to the times; we believe that more and more people want to resolve their family disputes without conflict. That is why I have trained as a Collaborative Family Lawyer and more recently have qualified as a Mediator. Our commitment to Alternative Dispute Resolution is such that we are setting up a new separate service called Notts Mediation, because we think that people do want an alternative to the old style aggressive family lawyer these days."
David's interview on the Frances Finn show about Mediation is available on BBC Radio Nottingham's i-player until midnight on Wednesday 13 April.
