Topic of the Month -  Reaching the last 35%

Figures presented by the Legal Services Commission representative at the recent Family Mediators Association annual conference indicate that mediation is increasingly being chosen by separating couples as a way of resolving disputes. In 2008 there were over 52,000 referrals to mediation; figures for the first part of 2009 show a 20% increase in referrals compared to the same period in 2008. However, there are around 35% of cases which never come to mediation at all.

This figure is borne out by early evaluation of the in–court mediation pilots, which indicate that 38%  of clients commencing court proceedings had not considered mediation as an option. Clearly a number of these will have been acting in person, and may not have been aware of what mediation can offer. However, this still leaves a proportion of clients where mediation is ruled out at an early stage. Again, for some, mediation will not be an appropriate option, such as cases which involve serious domestic abuse, alcohol and drug problems or child protection issues. Even so, indications are that the LSC are concerned to reduce the number of cases where mediation is not considered, especially where APP7 forms are completed by solicitors rather than mediators.

Indications from the LSC are that this is an area which will be closely monitored in future. In addition, the new funding contracts being negotiated from 2010 are likely to include Key Performance Indicators  requiring APP7s to be generated by mediators (rather than the client’s own solicitors) in at least 30% of cases.

It was suggested that the government may be reconsidering whether privately funded clients should also be required to attend a mediation assessment meeting prior to commencing court proceedings.

At initial assessment meetings, DFSL mediators will offer clients all the information they need to make a decision, and will conduct thorough checks to ensure that mediation can take place safely. If your clients are unsure whether mediation is for them, why not encourage them to come to a free, confidential assessment meeting to talk through their options. With over 14,000 successful cases each year, mediation can offer a speedy and constructive way to resolve even the most complex disputes.