David Ross is an Accredited Family Mediator (FMCA) and Lawyer and has worked in the field of Alternative Dispute Resolution (ADR) for over 25 years. One of the questions that David is asked is “why should I go through mediation?” There are number of reasons in my...
OTHER INSIGHTS
Mediation Voucher Scheme is a Success Says McFarlane
Sir Andrew McFarlane revealed in the Jersey Family Law Conference last week that the Family Mediation Council (FMC) had distributed over 2000 vouchers, averaging 130 per week and that 77% of cases reached whole or partial agreement. These statistics demonstrate just...
Online Divorce Applications
All divorce applications must now be filed online using MyHMCTS. This meets the requirements of the Divorce, Dissolution and Separation Act 2020, which is coming into force on 6 April 2022. The only exceptions, which should be filed at the Bury St. Edmunds...
Parents to face cost orders for failing to engage in Mediation
The Justice secretary Dominic Raab speaking to the justice committee of the House of Commons last week stated that over 50% of cases in the court system did not need to be heard by a judge. In November the Justice secretary outlined his plans that parents who are unnecessarily clogging up the court should face financial penalties. These plans are currently under review by the lord chancellor.
The court system is currently overwhelmed. On average it is taking over 48 weeks for cases to get to a final hearing from the time proceeding are issued, over 17 to 28 weeks for CAFCASS to complete their section 7 report. These delays have forced the government to look at options to enforce engagement in Alternative Dispute Resolution (ADR) and mediation as a mandatory requirement for most cases and to make it easier to award substantial legal costs against the parent thought to be abusing the court system. Any cases involving safeguarding and domestic abuse should continue to be heard by a judge.