Partner Article

Family mediator calls on the government to spread the word

One of the region’s Family Mediators is calling on the government to spread the word that it is now obligatory for both parties involved in disputes over children or finance to attend mediation before they are allowed to take their case to the court.

Trish Craggs of Tilly Bailey & Irvine Solicitors, says the government needs to publicise mediation services to ensure that those to whom it would be of real value are fully aware that mediation exists, and know how to access the service.

Mrs Craggs, a Family Mediator who works at Tilly Bailey & Irvine Solicitor’s Hartlepool and Stockton offices, says that under the Children and Families Act 2014, which received Royal Assent in April, the government has changed the law to help parents and divorcing couples to use alternative solutions when they are suitable, and to keep families away from the negative effects that going to court can have. Under the Act, the government is committed to reforming the family justice system so that it can deliver better for children and families who go to court after family separation.

Previously, the applicant in a family dispute was expected to attend a Mediation Information and Assessment Meeting (MIAM) and the respondent was invited to attend. Since April 2014, all applicants are now required to attend a MIAM, but attendance by the respondent still remains optional.

Mrs Craggs commented: “This is a step in the right direction, ensuring that the applicant must investigate mediation before proceeding to the courts. However, without requiring the respondent also to attend the MIAM, there is little chance of mediation progressing.

Family Mediation is an effective way of resolving disputes about children, finances, property and possessions without the need to involve the courts. Experienced mediators act confidentially to assist the parties in negotiating a mutually agreed resolution. The process is, in most cases, quicker and less stressful than pursuing a divorce through the courts.

Mrs Craggs commented: “The first challenge is to get both parties to come to mediation. If this occurs, we have an eighty-five percent success rate, and issues are resolved without the involvement of the courts. Mediation works because it clears communication channels and reduces the conflict. Both parties have the chance to understand, and to be understood. If they feel any issues remain unresolved, they can return to mediation.

“However, people simply are not aware that Family Mediation is an option in family disputes. It is vital that the government raises awareness of Family Mediation. Those who could genuinely benefit from it currently don’t know it exists. They don’t know to use mediation as an internet search term when seeking advice. A great number of applicants will still qualify for Legal Aid for mediation, but they are simply not aware of this. Also, if one of the parties qualifies, then Legal Aid will fund the MIAM meeting for both.

“We know that children can suffer emotional damage when they get caught up in conflict between their parents. We also know that mediation reduces that conflict to the benefit of all involved. Now we need the government to make sure that people are fully aware of what mediation is, that it can help them and that they can get legal aid to attend if they qualify. Only then can Family Mediators be truly effective in helping people with family disputes to resolve their issues themselves and avoid the need to attend court.”

Tilly Bailey & Irvine Solicitors is the Tees Valley’s largest full service law firm with offices in Hartlepool, Wynyard Park, Stockton on Tees and Barnard Castle.

This was posted in Bdaily's Members' News section by Tilly Bailey and Irvine Solictors .