As of 6^th April 2011, many changes are made to the existing Family Law system by way of the Family Procedure Rules 2010. One of the most publicised changes is the introduction of a greater role for Mediation in family disputes.

Mediation has been around for a long time but has played a marginal role in Family Law in England & Wales. In recent years this has changed, and the new Rules mean that as of 6^th April it will become compulsory - although there are some limited exceptions - for anyone wishing to make an application to Court for a Children Act Order such as Residence or Contact, or a Financial application of any kind, to first of all attend a session with a Mediator.

The person who is proposing to apply to Court will need to attend a Mediation Information and Assessment (MIA) meeting. If, after that meeting, the Applicant wishes to attempt Mediation then the Mediator will contact the other side to see if they are willing to attend a joint or individual MIA meeting. Either Mediation will proceed or the parties will be able to proceed to Court.

The idea of the MIA meeting is to inform the Applicant and, if applicable, the other party to the case, about how Mediation works and whether it should be attempted. The Mediation process itself is confidential and voluntary, and involves the appointment of an impartial, trained Mediator (who in the case of a Resolution Mediator will also be a qualified Solicitor) who will assist the parties in solving their own problems and reaching their own decisions.

When successful, Mediation is a seen as a far quicker and more cost-effective alternative than going to Court. It can be a tool which is surprisingly effective even for those couples where there is a stalemate, and seemingly no way of resolving an issue upon which agreement cannot be reached. Mediators are specially trained to deal with such cases. The greatest advantage to a mediated settlement is that the couple will have reached the agreement themselves without it being forced on them by lawyers or the Court: this is seen to result in a far better relationship between the parties in the future, keeps costs down and is far quicker than going to Court. All of these are important considerations especially when children are involved.

Mediation of course will not work in every case, and it should never be made compulsory for every couple to attend. However, the introduction from 6^th April of compulsory Mediation Information and Assessment meetings is important recognition for the fact that Mediation is an increasingly successful and attractive alternative to Court proceedings.

James Thorn

James Thorn is a Solicitor and Resolution-trained Mediator based at James Thorn & Co, Newport. He is able to deal with all Mediation Information & Assessment requirements from 6^th April onwards and provides free Mediation advice by telephone on 01983 242200.