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

Preston appoint new director of environment and property Sarah Robinson

Preston appoint new director of environment and property

27 Mar 2026

2

Public consultation for proposed merger of Blackpool and The Fylde College and Furness College Blackpool and the Fylde College

Public consultation for proposed merger of Blackpool and The Fylde College and Furness College

26 Mar 2026

3

Preston Council invests £1m in plans NW Mutual Bank NW Mutual Bank

Preston Council invests £1m in plans NW Mutual Bank

26 Mar 2026

4

BAE boost as UK signs Typhoon support contract with Turkey Typhoon aircraft new

BAE boost as UK signs Typhoon support contract with Turkey

26 Mar 2026

5

Burnley gets £4.8m heritage boost for town centre regeneration Burnley secures £4.8 million heritage boost for town centre regeneration

Burnley gets £4.8m heritage boost for town centre regeneration

25 Mar 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
AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

Sub36 Networking - Outdoor Elements
Sub36 Outdoor Elements Logo1920x1008
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV Magazine Networking Events - SAVE THE DATES
Jan/ Feb Networking Event - Talking
Networking
14 May 2026

LBV Magazine Networking Events - SAVE THE DATES

Lancashire

08:30 - 10:30

RISE - a tailored 6 month leadership programme for women across the North West
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
15 Apr 2026 - 15 Apr 2026

RISE - a tailored 6 month leadership programme for women across the North West

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 15:30

The Business Network Central and East Lancashire
LBV Header (31).png.png
LBV Hub Networking
16 Apr 2026 - 16 Apr 2026

The Business Network Central and East Lancashire

Mytton Fold, Blackburn, BB6 8AB

11:30 - 14:15

Sickness Absence: key actions for your business
Logo.jpg.jpg
LBV Hub Seminars
22 Apr 2026 - 22 Feb 2026

Sickness Absence: key actions for your business

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Freelancer Meet-Up April
April Freelancer Instagram size.png.png
LBV Hub Networking
23 Apr 2026 - 23 Apr 2026

Freelancer Meet-Up April

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 00:00

Vibe Coding: "Who owns what when no one wrote the code?"
April PTC Banner.png.png
LBV Hub Networking
28 Apr 2026 - 28 Apr 2026

Vibe Coding: "Who owns what when no one wrote the code?"

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Dazzle & Decadence
Dazzle & Decadence TryBooking Header.png.png
LBV Hub Fundraisers
30 Apr 2026

Dazzle & Decadence

Ainsworth Jewellers, 57-59 Darwen St, Blackburn, BB2 2BW

18:00 - 20:00

Blackburn Beer and Gin Festival 2026
Blackburn Beer and Gin Festival 2026
LBV Hub Social
01 May 2026

Blackburn Beer and Gin Festival 2026

BB1 8NB

17:00 - 23:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin