“Resolution” take on Compulsory Mediation 

Resolution is an organisation with 6,500 members who are family lawyers and other professionals committed to the constructive resolution of family disputes. The family lawyers at Blanchards Law are members of Resolution and continue to adhere to the Resolution ‘Codes of Practice.’  These are as follows:

• Reduce or manage any conflict and confrontation; for example, by not using inflammatory language.

• Support and encourage families to put the best interests of any children first.

• Act with honesty, integrity and objectivity.

• Help clients understand and manage the potential long-term financial and emotional consequences of decisions.

• Listen to and treat everyone with respect and without judgment.

• Use my experience and knowledge to guide clients through the options available to them.

• Continually develop my knowledge and skills.
• Use the Resolution Guides to Good Practice in my day-to-day work.

The Ministry of Justice is consulting as to whether to make mediation compulsory before any Court application is made in family law matters. 

Resolution responded to the consultation on 15.06.23 as follows: 

• Mediation helps and will continue to help many families who choose to use it.

• But it is not right for everyone, and should not be forced upon anyone.

• Other forms of out-of-court dispute resolution need to be considered and funded by the government 
• Families should also be provided with access to early legal advice. 

Resolution does not feel that mediation should be forced upon families, regardless of whether it is the best way forward for them.

The National Chair of Resolution, Grant Cameron, believes that the needs of families would be better met by helping them make choices of reaching lasting outcomes in family matters. 

Resolution set out its main recommendations for change, which are as follows:

• Provide families with access to legal advice at the outset 
• Expand the scope of the existing Family Mediation Voucher Scheme – vouchers should be available for mediation about finances on divorce, and for the drafting of consent orders, as well as mediations relating to child arrangements. 
• Replace Statutory Mediation Information & Assessment Meetings (MIAMs) with Advice and Information Meetings (AIMs) delivered by a range of suitable family justice professionals to give families advice on options/processed and early legal information. 

Blanchards Law as a member of Resolution continues to help families avoid Court every day and supports helping families about the solutions available to them. However, it is important that the Government should provide support for early legal advice so that separating couples can make choices about important issues like family finances and what arrangements are made for their children. 

The real concern is that couples should not be forced into mediation. Mediation is a voluntary process and making it compulsory will also raise doubts where the risk of domestic abuse to include controlling or coercive behaviour or other safeguarding issues is high. 

If you are interested in engaging in voluntary mediation, then please pick up the phone and call us on 0333 344 6802 or use the webform to arrange your first meeting with our mediators Punam Denley or Isla Currie.