The Family Justice Council and Family Mediation Council have released an updated family mediation guide. Originally released in 2014, the guide is meant for judges, magistrates, legal advisors and court staff, and aims to reinforce the growing understanding of the benefits of mediation and non-court dispute resolution (NCDR).
It emphasises that courts are obliged to consider mediation or other forms of NCDR at all stages – in both children and finance cases – and the court’s ability to refer couples to a mediation and assessment meeting(MIAM). MIAMs are different from mediation and take place before any mediation. They are individual meetings with potential court participants in which the process of mediation is explained, its suitability is assessed and the mediator helps the participant decide what their next steps should be.
The guide confirms that mediation is:
- Voluntary
- Confidential, except where there are risks of harm or criminal activity.
- Conducted by an impartial mediator.
And that:
- Children’s needs are always put first
- Participants remain in control of all decision-making
- It must be safe for everyone
It stresses that only mediators who are qualified, approved and authorised by the Family Mediation Council (FMC) can complete and sign relevant and necessary documents that courts provide when referring someone to a MIAM.
All mediators at Family Matters are qualified and approved by the FMC and are regulated by the Family Mediation Standards Board (FMSB). The FMC sets practice standards for family mediators, which include specific standards for MIAMS. Family Matters’ director, Juliette Dalrymple, is chief assessor of the FMC.
The report further clarifies that specially trained mediators carry out child-inclusive mediation and that those mediation sessions are confidential (with safeguarding exceptions) and cannot be provided to the court. Several of the mediators at Family Matters are specially trained to deal with child-inclusive mediation.
The report emphasises the value of mediation, in particular, family mediation, saying that it is successful in resolving all or some issues in 69% of cases and that mediation has the advantage over other NCDRs of leaving the decision-making in the hands of the participants, helping to improve future family relationships and communication.
The ‘holistic’ approach taken in children, family and financial mediation is praised in the report, saying that it enables families to find more creative and sustainable solutions, unlike the separate court processes relating to these issues. It says that, whilst judges cannot order ‘compulsory mediation’, they can help guide people to it by pointing out the benefits of mediation and the possible negative consequences of using the court process.
Finally, the report reminds readers of the MOJ voucher scheme, in which parents can get up to £500 in funding if they are engaged in child-centred mediation, and that legal aid is available for MIAMs and, where eligible, for mediation.
Click on the link above to read the full report, or download it by clicking ‘download’.
