It was clear from the Family Mediators Association AGM, which was held in London at the High Courts of Justice on 27th September, that this really is a very exciting time for family mediation but that there are a lot of potential pitfalls to be avoided.
Whilst there was consensus that the number of mediation enquiries and cases is starting to increase, with much greater increases still to come, there was also consensus that this increased demand will attract many more potential mediators to the profession with the risk that some of these may not be adequately trained or supervised.
When you add in the possible expansion in the areas within which family mediators might start to operate, ranging from the use of mediation by skype or telephone to the use of mediation in pre-marital situations, then it is clear that the professional as a whole needs to consider whether it is possible to maintain quality whilst essentially being a self-regulating profession.
Then when the proposed changes to government-funded legal aid are considered, as discussed in my last post, then it really does look there is a lot of work to be done to ensure that mediators do not compromise the quality of their service or become tempted to fill the void left by these legal aid changes in an irresponsible way that is not in the clients' best interests.
With there being a number of mediation bodies, of which the FMA is only one, there is also a real danger that power struggles between these various organisations might limit the ability of family mediation to effectively grow and flourish in the coming years and months. It would be very ironic if the highly trained and experienced mediators who run these organisations were unable to use these skills to find a way to work with each other and with the government in a constructive way.
The conference provided the opportunuty to discuss many of these issues and I really enjoyed the chance to ask the government minister responsible for legal aid, Jonathan Djanogly, about some of these issues even though he did very adroitly sidestep the question, and I look forward to attending again next year and seeing how these and other issues have unfolded over the course of the year.
Euan Davidson
www.godalmingfamilymediation.co.uk
Thursday, 29 September 2011
Sunday, 18 September 2011
Legal Aid Changes
With the government planning to substantially reduce the types of family cases that will be eligible for funding via the Legal Services Commission in 2012, probably at aroung April time, there are likely to be a lot of changes to how many people approach issues facing themselves and their families.
Although it will be much more difficult for people to receive free legal advice from their family solicitors, there will be the opportunity for eligible people to receive free family mediation and for those people who are not eligible to seek to resolve their family disputes by paying for family mediation.
It is too early to say how many more people will end up representing themselves in the family courts, rather than paying for solicitors, although there is likely to be an increase to some extent, but this does represent an excellent opportunity for family mediators to not only fill much of the gap that is left by the reductions to legal aid but also to offer people the different approach to trying to resolve issues that mediation provides.
Many more people will hopefully be able to resolve their disputes relating to children, finances and the others aspects linked to relationship breakdown without the need for court intervention by using the mediation process instead.
Anyone who would like to learn more about family mediation or who would like to find a mediator, either to be assessed for eligibility for governmnent-funded mediation of for private mediation, should consult the Diret Gov website and the Family Mediators Association website using the following links:
http://www.direct.gov.uk/en/Governmentcitizensandrights/Divorceseparationandrelationshipbreakdown/Endingamarriageorcivilpartnership/Planningadivorce/DG_194401
http://www.thefma.co.uk/
At the time of writing, we are still awaiting the finalised plans for exactly when the government funding for most disputes relating to family matters will come to an end, and exactly which types of cases will still be funded, but I will update this Blog once the plans are clearer.
Euan Davidson
www.godalmingfamilymediation.co.uk
Although it will be much more difficult for people to receive free legal advice from their family solicitors, there will be the opportunity for eligible people to receive free family mediation and for those people who are not eligible to seek to resolve their family disputes by paying for family mediation.
It is too early to say how many more people will end up representing themselves in the family courts, rather than paying for solicitors, although there is likely to be an increase to some extent, but this does represent an excellent opportunity for family mediators to not only fill much of the gap that is left by the reductions to legal aid but also to offer people the different approach to trying to resolve issues that mediation provides.
Many more people will hopefully be able to resolve their disputes relating to children, finances and the others aspects linked to relationship breakdown without the need for court intervention by using the mediation process instead.
Anyone who would like to learn more about family mediation or who would like to find a mediator, either to be assessed for eligibility for governmnent-funded mediation of for private mediation, should consult the Diret Gov website and the Family Mediators Association website using the following links:
http://www.direct.gov.uk/en/Governmentcitizensandrights/Divorceseparationandrelationshipbreakdown/Endingamarriageorcivilpartnership/Planningadivorce/DG_194401
http://www.thefma.co.uk/
At the time of writing, we are still awaiting the finalised plans for exactly when the government funding for most disputes relating to family matters will come to an end, and exactly which types of cases will still be funded, but I will update this Blog once the plans are clearer.
Euan Davidson
www.godalmingfamilymediation.co.uk
Thursday, 15 September 2011
Welcome to the Family Mediation blog
I would like to welcome you to the Family Mediation blog. As some of you might be aware, a number of changes have been made recently to the way in which people can access the family law courts to try and settle disputes about family issues such as the living arrangements for children and financial settlements following the breakdown in a relationship.
Within this context, it is likely that many more separating couples, whether married or not, will at some point be asked to consider the use of family mediation as an alternative to the court system. This blog has been set up to provide a place for information about family mediation to be found by anyone who wants to know more about it, whilst also giving a forum for issues relating to mediation to be discussed.
Whether you have only recently come across family mediation or whether you are someone who has a great deal of experience with family mediation, I hope that this blog will offer a vehicle for you to share your thoughts and to read the thoughts of others. This may be useful on both an individual level and more generally to society as a whole as it is my belief that family mediation can offer a great alternative to resolving family disputes for many people and anything that raises the profile of family mediation and adds to the available information about family mediation is likely to be beneficial at these different levels.
It is important to stress that the contents of this blog should not be seen as an attempt to advise anyone how they should proceed with their own personal matters and the blog is not a substitute for seeking the advice or information that a legal advisor, mediator or other professional can offer.
Euan Davidson
www.godalmingfamilymediation.co.uk
Within this context, it is likely that many more separating couples, whether married or not, will at some point be asked to consider the use of family mediation as an alternative to the court system. This blog has been set up to provide a place for information about family mediation to be found by anyone who wants to know more about it, whilst also giving a forum for issues relating to mediation to be discussed.
Whether you have only recently come across family mediation or whether you are someone who has a great deal of experience with family mediation, I hope that this blog will offer a vehicle for you to share your thoughts and to read the thoughts of others. This may be useful on both an individual level and more generally to society as a whole as it is my belief that family mediation can offer a great alternative to resolving family disputes for many people and anything that raises the profile of family mediation and adds to the available information about family mediation is likely to be beneficial at these different levels.
It is important to stress that the contents of this blog should not be seen as an attempt to advise anyone how they should proceed with their own personal matters and the blog is not a substitute for seeking the advice or information that a legal advisor, mediator or other professional can offer.
Euan Davidson
www.godalmingfamilymediation.co.uk
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