(2) what representations his Department and its predecessors have received from children’s charities on mediation in family disputes; and if he will make a statement.
I have been asked to reply.
The Government believe that mediation can offer considerable advantages over going to court in the settling of family disputes, especially where children are involved, irrespective of how cases are funded. To support and encourage mediation, we have established the Family Mediation Helpline and supporting website. The Helpline telephone number is 0845 60 26 627 and the website address is www.FamilyMediation Helpline.co.uk. We have sponsored a public awareness campaign; are facilitating judicial awareness seminars and supporting in-court referral schemes.
Provisions of the Children and Adoption Act 2006 will enable the court to direct parties in child contact disputes to attend a meeting about mediation. Referrals will also be encouraged through changes to court forms, particularly in relation to disputes over children.
The Legal Services Commission’s revised Family Fee scheme will remove the financial disincentives for solicitors to make referrals to mediation. Under the scheme, it will be in the interests of the solicitor to make a referral to mediation and to do so at an earlier stage.
The Ministry does not set targets for mediation because we do not think that a target in this area would be desirable. There are certain cases which are unsuitable for mediation because there is an imbalance of power between the parties. We do not wish to see such cases, which include those where one of the parties has been subject to domestic violence, forced into mediation. In addition, while we can advise parties about the benefits of mediation it would be a breach of the parties’ human rights to prevent them having their case heard in court.
Finally, neither this nor predecessor Departments have received any representations from children’s charities regarding mediation in family disputes.