Mediation Before Family Law Court Applications

Posted on: April 22nd, 2012

Despite it being the case that since April 2011 solicitors need  to refer their client to a Mediation Information and Assesment Meeting (MIAM) before being able to make an application to the Court in relation to family matters, save for in certain circumstances, a Resolution survey of 6,500 divorce lawyers has found that only 1/3rd of Resolution member solicitors, who by definition should be conducting themselves in accordance with proper professional practice and in accordance with Resolution guidelines, are referring most of their clients to mediation, whilst 78% reported that the Courts are not checking to see that the requirement to attend the MIAM is being complied with.

Mediation is not always appropriate and there may be circumstances where the referral may reasonably not be made.

It is also important to remember that the vast majority of couples come to an agreement without recourse to a Court application, in which case there is no requirement to attend mediation if the parties do not want to.

For more information about our mediation services, contact Sandra Marshall on 01491 570901 or at sandra@thpsolicitors.co.uk.