Family mediation: Making the process mainstream

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

24 Jan 2017

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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