Initial legally-aided mediation sessions are now available for free
Will free, legally-aided mediation sessions help couples work out differences?
From 3 November 2014 free, legally-aided mediation sessions became available for separating couples. It is however important to note that it is only the first session that is offered for free to separating couples in which at least one partner receives legal aid. After the initial session, the partner who doesn't not receive legal aid will have to pay for any remaining mediation sessions.
Through government-funded mediation, the new initiative is designed to encourage couples across England and Wales to resolve their problems after they separate through mediation rather than heading to court.
As mentioned above, only the first session will be provided for at no cost, on condition that at least one of the couple qualifies for legal aid. This differs from previous legislation, which funded the mediation session only for the person who received legal aid. The other partner who did not qualify for legal aid would have to pay for the sessions.
Talking of how the new initiative aims to help couples achieve a better understanding of how mediation could help them resolve issues at a difficult time, Jane Robey, Chief Executive of the National Family Mediation said:
"This new scheme can help thousands of people across England and Wales take a vital first step to unlock an understanding of what family mediation can achieve. Mediation puts families in control of their post-separation future instead of handing it over to family courts".
A less-confrontational solution
Robey also stressed how mediation is a less confrontational, quicker and cost-effective way to resolve the many issues separating couples are often faced with.
According to government statistics, in 2013 approximately two thirds of couples who went to just one mediation session for a dispute involving offspring, reached an agreement without having to deal with confrontational courtroom battles.
Reiterating Robey's views on the rewards of mediation, Family Justice Minister Simon Hughes said when he announced the free funding in August this year:
"We know mediation works and we want more people to make use of it. This is why we are announcing today funding for free mediation sessions, improving the advice and information available for couples who are separating".
As the National Family Mediation highlights, some of the benefits of family mediation include:
- Allowing couples to craft long-term family solutions which considers everyone's best interests
- A quicker, more cost-effective and less confrontational solution instead of going to court
- Families can control their own destinies rather than the court
The new legislation that enables both parties of a couple receive a free mediation session, as long as at least one person is legally-aided is the latest move in a number of reforms designed at improving the family justice system in the UK.
Other moves include free DNA tests being piloted in family courts designed to speed up paternity disputes.
Tracey Miller Family Law is experienced in handling different aspects related to family law. If you require advice on matters such as attending mediation sessions when separating, get in touch with our friendly and professional team at Tracey Miller Family Law.
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