As family mediation week 2017 unfolds, Jean-Yves Gilg says mediation could become the new norm, but only if enough momentum is built up in support of the process
Mediation in family disputes has gradually become a formal part of the process since it was made a requirement in 1997 for legal aid-funded private law cases. In 2011, a new pre-action protocol set out an expectation that all parties to divorce proceedings, whether represented or not, would attend a mediation information assessment meeting (MIAM). The move was part of the government’s drive to divert cases from court, embodying the general mood for faster and more cost-efficient dispute resolution processes.
Now, under the Children and Families Act 2014, no private law case can proceed to court unless the parties have considered mediation – unless it invol...
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