New Family Mediation Guidance for Courts: Key Takeaways

1. Strengthened MIAM Requirements

• April 2024 Update: The Family Procedure Rules were strengthened to enhance the MIAM (Mediation Information and Assessment Meeting) requirements.

• Purpose: Ensure that all parties are informed about mediation and other non-court dispute resolution (NCDR) options before proceeding with court cases.

  
  

2. Role of the Family Mediation Council (FMC)

• Regulation and Governance: The FMC oversees the standards and practices of family mediators.

• Authorised Mediators: Only mediators approved by the FMC can conduct MIAMs and sign relevant court forms.

  
  

3. Mediation Process and Principles

• Voluntary and Confidential: Mediation is a voluntary process where confidentiality is maintained, except in cases of harm or criminal activity.

• Impartial Mediators: Mediators facilitate discussions without taking sides, and decision-making rests with the participants.

• Child-Centric Approach: The needs and welfare of children are prioritised, with child-inclusive mediation allowing children to voice their views.

  
  

4. Court’s Role in Promoting Mediation

• Obligations and Powers: Courts must consider NCDR at every stage and can refer parties to MIAMs.

• Encouraging Mediation: Judges can highlight the benefits of mediation and the drawbacks of litigation to encourage parties to mediate.

  
  

5. Funding and Support for Mediation

• Legal Aid: Available for eligible parties to cover MIAMs and mediation sessions.

• Voucher Scheme: At the current time, government-funded vouchers provide up to £500 towards mediation costs, though not for MIAMs.

  
  

6. Child-Inclusive Mediation

• Confidentiality: Children’s views shared in mediation are confidential and cannot be disclosed to the court.

• Specialist Mediators: Only trained mediators can conduct child-inclusive sessions, ensuring children’s voices are heard safely.

  
  

7. Effectiveness of Mediation

• Success Rates: Approximately 69% of mediation cases resolve some or all issues, reducing the need for court intervention.

• Improved Communication: Mediation helps improve communication and future relationships between family members.

  
  

8. In-Court Mediation Schemes

• Pilot Programs: Some courts offer in-court mediation services, though funding and implementation vary.

• Local Collaboration: Courts are encouraged to collaborate with local mediation services for better accessibility.

  
  

Conclusion

The updated guidance emphasises the importance of mediation in resolving family disputes, highlighting its benefits over litigation.

By strengthening MIAM requirements and promoting the use of authorised mediators, the judiciary aims to foster a more collaborative and less adversarial approach to family conflict resolution.

For anyone interested in the full guidance, please click on the link below:

Guide to Family Mediation for the Courts 2024 (judiciary.uk)

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