Family Mediation Reduction

It has been recently reported that since the cutting of Legal aid in April 2013 there has been a dramatic drop in the number of divorcing or separating couples opting for mediation, according to the latest government figures.

Mediation Information and Assessment Meetings (MIAMS) fell 47 per cent in the past year, despite guidance that all divorcing couples should attend such sessions before commencing proceedings. It is not currently obligatory for couples to attend Mediation but that is set to change with the introduction of the Children and Families Bill next year, which may result in increased numbers attending Mediation but who will be left to provide these services by then? Will Mediation Services survive the drop in their income?

But, that aside, why are people failing to attend Mediation – especially given that, amongst all of the legal aid cuts, Mediation has survived with legal aid still available for those who qualify financially.

I suspect that, despite the government seeking to justify the cuts at the time by reference to legal aid remaining available for Mediation, there has been little real promotion of this since, by the media or the government.

Divorcing couples now know or believe that legal aid is not available to them and I expect that they (wrongly) consider that this goes for Mediation as well. In addition, the number of people taking legal advice on Divorce is very likely to have reduced, as people fear the cost and this, in turn, is likely to have an effect on the number of referrals by Solicitors to Mediation services. 

And yet, Mediation is a hugely powerful process in the right cases and can allow clients to retain control over the discussions, the timeframe and ultimately their agreement. It can lower the overall costs of a matter dramatically and ease the emotional fall out.

A joint partnership between lawyers and Mediators is, I believe, one structure which would assist – in the absence of the media/government/legal aid agencies promoting the availability of Mediation and whilst we wait for the introduction of compulsory MIAMS next year, surely the promotion of Mediation by the profession would help.

The client’s aims are, ordinarily, to achieve a fair outcome as quickly as possible and to limit the emotional and monetary expense – a combination of Mediation and legal advice can achieve this in most cases and more fixed fee partnerships between mediators and solicitors of the kind we are party to in Worcester would, in my opinon, be a good place to start.