Compulsory Mediation? Civil Justice Council June 2021

 COMPULSORY MEDIATION ? June 2021 

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Articles Law & Advice

KUMAR V LONDON BOROUGH OF HILLINGDON 2020 Mrs Justice Collins Rice, dealing with the Local Authority in a Special Education Needs told Hillingdon in no uncertain terms to just get on with it,

          '….the case for getting this mediation back on foot...... is pressing, and Hillingdon must now do so'.

The way in which it can be a appoached must not allow unequal power, and if participants wish to use lawyers, this should be allowed to ensure no manifest unfairness could arise.

https://www.bailii.org/ew/cases/EWHC/Admin/2020/3326.html

CAFCASS ADVICE FOR CARERS & COVID https://www.cafcass.gov.uk/covid-19/

THE DIVORCE, DISSOLUTION AND SEPARATION ACT 2020,   introduced 'no fault' divorce and Royal Assent was given on 25 June 2020 and it is hoped that it will be introduced into law in Autumn 2021.https://services.parliament.uk/bills/2019-21/divorcedissolutionandseparation.html

Using statistical figures produced by the ONS, the Ministry of Justice's Family Court Statistics Quarterly 2018 report indicates that as a result of divorce centres processing a backlog of work last year, divorce petitions increased by 8 per cent in 2018. This is more in line with the number of petitions seen prior to the low number in 2017. The 2018 backlog of work also resulted in a five-week increase to the average time taken from date of petition to decree absolute in 2018 (to 54.3 weeks). As a result, the ONS expect this to translate into a higher number of completed divorces in 2019 compared with 2018.

MEDIATION POST LEGAL AID SENTENCING & PUNISHMENT OF OFFENDERS ACT 2012 (LASPO)

This Act removed Legal Aid for many case but retained funding for mediation, The Children & Families Act 2014 placed a statutory requirement for all to attend mediation prior to court proceedings (save for emergencies and in cases of domestic violence).

In October -December 2018 mediations rose 6%

Article Family Law Week https://www.familylawweek.co.uk/site.aspx?i=ed201049

4 December 2018  The Civil Justice Council (CJC) published a New Report on Alternative Dispute Resolution chaired by the Master of the Rolls Sir Terrence  Etherton making a number of recommendations on ADR and its position within the civil justice system and resolving disputes without going to court. https://www.judiciary.uk/announcements/new-report-on-alternative-dispute-resolution/

BOOKS

The Psychology of Conflict: Mediating in a Diverse World. Paul Randolph (2016)

Making Mediation Work for You: A Practical Handbook. Kate Aubrey-JohnsonHelen Curtis (2012)

OTHER NEWS AND USEFUL LINKS:



http://www.adviceguide.org.uk/england/relationships_e/relationships_relationship_problems_e/ending_a_marriage.htm



EUROPEAN CODE OF CONDUCT FOR MEDIATORS