Developments in mediation [Archived]

The following Family practice note provides comprehensive and up to date legal information covering:

  • Developments in mediation [Archived]
  • What has changed?
  • Recent changes
  • Public funding for mediation
  • Eligibility changes
  • Other areas of family justice
  • Resources for separating parents and prospective litigants
  • Local resources
  • Mediator standards

Developments in mediation [Archived]

ARCHIVED: This archived Practice Note relates to developments in mediation practice up to April 2014. It is therefore for historical purposes only and is not maintained. For details of the most recent developments in mediation see Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs) and the News Analysis section of the subtopic: Non-court dispute resolution.

Section 10 of the Children and Families Act 2014 (CFA 2014) provides that:

  1. before making a relevant family application an applicant must attend a family mediation information and assessment meeting (MIAM)

  2. the court may not issue, or otherwise deal with, an application if, in contravention, the applicant has not attended a MIAM

The changes introduced by CFA 2014 came into force on 22 April 2014. It remains that while attendance at a MIAM has been, since 22 April 2014, compulsory for most applicants, there are circumstances in which attendance will not be required. See Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs) for full details of the changes including relevant family proceedings and exemptions.

The government’s stated intention is to encourage the use of mediation to provide sustainable dispute resolution opportunities for families in conflict. Given that legal aid for family legal advice and representation has been drastically reduced (see Practice Note: Eligibility for family legal aid), it is intended that more couples will explore

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