Mediation needs legal protection

By LBV

01 Aug 2012

The use of mediation (or alternate dispute resolution) is becoming prevalent in many fields of legal work, and none more than in Family Law.

For many years, all clients that wanted to take advantage of the Legal Aid scheme had to attempt to engage the other party in mediation to try to resolve their difficulties, before they could apply for legal aid.

Since April 2011, the requirement for a mediation referral has been extended, and now it is not possible to apply to the court for a family order, (apart from a decree of divorce) without having attended a Mediation Information and Assessment Meeting (known as a MAIM).

Mediation isn’t suitable for all though and there may be very good reasons why it shouldn’t be attempted.

The question is why is the government so keen on it?

They were clearly concerned that our courts were being clogged up with a huge volume of contested cases. Also, from April 2013, legal aid will no longer be available for the vast majority of family cases (unless there are violence issues, or in certain limited children cases), and there is a real risk therefore that people will “go it alone” to save costs.
The government believes that mediated agreements are (particularly with regard to children) far more likely to succeed long term; that clients are empowered by resolving their own issues, without lawyers or the courts. This can, indeed, be true.

However, most family lawyers would state that there is still a definite place for the courts and lawyers. Mediation only ever results in a “without prejudice” agreement. Usually, (particularly regarding finances) the only way an agreement is binding is if it is made into a court order. A mediator cannot also advise you as to your entitlements, or what is in your best interests. Only an experienced family solicitor can. Often mediation therefore runs side by side with legal advice.

So, I believe that there is a place for lawyers, courts and mediators, and that, through proper use of all three, you can get the best possible outcome for you. 

Alexandra Fowler
Partner
Dickinson Parker Hill

 

 

Enjoyed this? Read more from LBV

Latest news

1

Westholme School to sponsor Sub36 Leader Award Image 10

Westholme School to sponsor Sub36 Leader Award

11 Sep 2026

2

Pleasure Beach riding high after awards success Dsc3924

Pleasure Beach riding high after awards success

11 Sep 2026

3

‘Don’t put devo in deep freeze’ Frank McKenna

‘Don’t put devo in deep freeze’

11 Sep 2026

4

Hall to reopen after £13.5m refurbishment King Georges Hall 768x512

Hall to reopen after £13.5m refurbishment

11 Sep 2026

5

Eden Project Morecambe launches recruitment for two senior roles eden-project-north.jpg

Eden Project Morecambe launches recruitment for two senior roles

10 Sep 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 6 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

19:00 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Fire Warden Training
14 Sep 2026

Fire Warden Training

Cleveley House Farm, Forton, PR3 1DR

09:00 - 15:00

First Hire Readiness Workshop
LH Training 15 Sep 2026

First Hire Readiness Workshop

20:00 - 21:00

Business Twilight Networking Event
Business Twilight 16 Sep 2026

Business Twilight Networking Event

Engineering Innovation Centre, University of Lancashire, Preston, PR1 2HE

16:00 - 18:30

Launch Event - Business Support and Grant Programmes
Choose Chorley 23 Sep 2026

Launch Event - Business Support and Grant Programmes

Strawberry Fields Digital Hub, Chorley, PR7 1PS

08:45 - 11:00

Employment Law Update Lancashire
LBV Website Events GraphicEmployment Law 1 24 Sep 2026

Employment Law Update Lancashire

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

09:00 - 12:00

September Freelancer Meet-Up
 Freelancer Meet-Up Square September .png.png 24 Sep 2026 - 24 Sep 2026

September Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin