Courts can order that parties engage in non-court based dispute resolution proceedings 29.11.23
Churchill v Merthyr Tidfil CBC
The Courts can order parties to engage in mediation provided it does not impair the right to a legal hearing and is proportionate to the legitimate aim of settling a dispute fairly, quickly and at a reasonable cost
"It is no longer enough for judges to think that their role begins and ends with hearing the evidence, the legal argument and delivering judgment. We are not just there to referee a fight, we are there to break it up.”
– Sir Geoffrey Vos, Master of the Rolls.
CEDR Tenth Mediation Audit
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MIAMS: What is a MIAM? Family Justice Council
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HORSE SCOUT LEGAL
THE DIVORCE, DISSOLUTION AND SEPARATION ACT 2020, introduced 'no fault' divorce and Royal Assent was given on 25 June 2020. All divorce will be online at MyHMCTS. Financial Orders still will need court approval.
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
BOOK The Psychology of Conflict: Mediating in a Diverse World. Paul Randolph (2016)
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