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<p>There has been a significant decrease in referrals to publicly funded family mediation
since April 2013 when the legal aid reforms were implemented. This is in part due
to fewer people visiting solicitors who previously would have directed clients to
mediation.</p><p> </p><p>Before April 2013, attendance at a Mediation Information
Assessment Meeting (MIAM) was a pre-requisite for legal representation for people
eligible to obtain public funding. We introduced a statutory MIAM in April 2014 as
part of the Children and Families Act. This placed a legal obligation on an applicant
to attend a MIAM for the purpose of considering mediation, before being permitted
to issue court proceedings in certain private family law matters (children and financial
disputes).</p><p> </p><p>Legal aid remains available for mediation (and for legal
help with mediation) for those who meet the eligibility criteria. We are keen to encourage
mediation as an alternative to court both for those eligible for public funding and
for privately funded cases.</p><p> </p><p>We are aware that a small number of mediation
services have closed or are in difficulty. The Legal Aid Agency (LAA) is constantly
monitoring the situation to make sure there is sufficient provision for client access
to mediation services. While a decline in demand is a contributory factor in mediation
service closures, another significant factor is poor and unsustainable business models.
There is some evidence that a number of the mediation services which have closed following
legal aid reforms were vulnerable to closure before the reforms took effect.</p><p>
</p><p>I have convened a Family Mediation Task Force, chaired by David Norgrove, which
has considered many of the issues raised by the Member of Parliament for Exeter, including
how to reverse the fall in referrals and engage the second party in the mediation
process, and incentivising mediators and lawyers to work in partnership to support
clients through the resolution of their dispute in compliance with the new legislation.
A number of short-term financial options have been considered as well as the long
term view for the future of dispute resolution services.</p><p> </p><p>The Taskforce
report will be published imminently. The Government will respond to the report in
due course.</p><p> </p>
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