MEDIATION
Nicholas Soames: To ask the Secretary of State for Justice if he will consider the introduction of a mandatory mediation for both parents to undertake in child contact disputes which do not involve an allegation of domestic violence involving a police investigation, prior to any such case being presented before the Family Courts; and if he will make a statement. [131910]
Mrs Helen Grant MP, Parliamentary Under-Secretary of State for Justice: The Government believes that mediation can play a valuable role in helping parents to maintain an ongoing parenting relationship during and following separation or divorce and is actively encouraging people to seek information as early as possible when considering their arrangements. The process of mediation can also equip parents with the skills needed to communicate and negotiate changes to arrangements for their child in the future.
The coalition Government has no plans, however, to make mediation compulsory in family disputes. Mediation is a voluntary process and as such it would be quite wrong, and would be likely to be counterproductive, for the Government to seek to compel people to mediate against their will. Whether family mediation is appropriate for resolving a particular family dispute depends on a number of factors. Mediation will usually be inappropriate where domestic violence or abuse is an issue but any significant power imbalance between the parties would also make mediation unsuitable.
Under a pre application protocol introduced in April 2011 a prospective applicant in specified types of family proceedings is expected, except in certain specified circumstances, to consider with a mediator whether the dispute could be resolved through mediation. This involves attending a mediation information and assessment meeting (a ‘MIAM’) to receive information about family mediation and how it might help the parties settle their dispute. The MIAM takes place before any proceedings are started in court.
The court will expect all applicants to have complied with the protocol before commencing proceedings (except where any exemption applies) and will also expect a respondent to have attended a mediation information and assessment meeting, if invited to do so. If court proceedings are taken, the court will wish to know at the first hearing whether mediation has been considered by both parties.
We believe that the operation of the protocol needs to be further improved so that consideration of mediation becomes routine and not the exception. The Government's response to the Family Justice review made it clear that consideration would be given to a statutory change to make attendance at a MIAM by a potential applicant a prerequisite for starting relevant family proceedings (with limited specified exemptions, for example where there is evidence of domestic violence).
The Government published a draft clause in September to this effect which has been subject to pre-legislative scrutiny by the Justice Select Committee. The Government awaits publication of the Committee's report and will consider carefully any recommendations made.