Mediation Voucher Scheme
In November last year, I wrote a page on the Mediation Doctor entitled the “Perfect Mediation Model”.
This model is basically premised on the theory that, in an ideal world, mediators, solicitors, financial advisers, pension advisers, counsellors and other professionals will work together to assist clients to resolve their family law (and other issues) in a holistic and co-ordinated manner that is in the clients’ best interests. Clearly, especially in the current climate, many people are reluctant to employ an army of different professionals and each situation will be different, with some clients being able to resolve their issues with only the assistance of a mediator and with some cases not being suitable for mediation.
However, particularly when there are children and/or significant assets involved, it is likely that both parties will benefit from legal advice from solicitors, as well as from other professionals, in parallel with and feeding into the mediation process.
On the face of it, this all sounds quite straightforward, but the difficulties related to making this mediation model work were summed up during the 2013 Family Mediators Association annual conference in London yesterday.
There was overwhelming support at the conference, both from lawyer mediators and non-lawyer mediators, for the view that in the vast majority of cases solicitors have a duty not only to present mediation as an option but to promote mediation as the most appropriate way to resolve the issues.
However, there was also a clear recognition that a major shift towards promoting mediation in place of more traditional legal routes would result in a substantial reduction in solicitors’ fees and, as we all know, turkeys don’t vote for Christmas.
The temptation is to combine the fear that solicitors will prove to be reluctant gatekeepers of the family justice system with the apparent disregard being shown by many courts to the pre-action protocol that requires mediation to be considered and an FM1 completed by a mediator before court action is started and then to add this to the cuts in legal aid and the government’s apparent inability to publicise the role that mediation has to play, thus leading to a quite depressing picture about the future for mediation services.
Fortunately, as was apparent from the summing up by the outgoing FMA President, Lord Wilson, it is also possible to take the view that mediation is growing rapidly as a sector, with there being plenty of reasons to believe that the government is taking the FMA members’ concerns seriously but with every mediation provider also being prepared to do their bit to promote the benefits of mediation and being willing to work alongside solicitors, the courts and other professionals to create a family justice system that works in the best interests of the clients rather than become insular as a professional and fighting with solicitors and other professionals for control over the system. If we all take this responsibility seriously then there is every chance that those who fight these much-needed changes will fall by the wayside whereas those who embrace them will thrive and be rewarded by knowing that they are helping their clients to resolve their issues in a reasonable and proportionate way. Who knows, we might even reach the Perfect Mediation Model in the end and I hope that I am able to be part of this process.
Thank you for taking the time to read this post and I look forward to reading your comments.
Euan Davidson
Family mediator
Godalming Family Mediation
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