The Role of Family Mediation Within

The Community

Presented by

Service Manager – Karen Clarke

What Is Family Mediation?

Family Mediation is:

A confidential process using an experienced Family Mediator to help resolve legal issues after a family

separation, or the breakdown of a relationship.

This includes disputes over:

• Property: house – owned or rented, vehicles, assets

• Finances: pensions, shares, savings, debts

• Children: contact, residency, PR,

maintenance, schooling, holidays etc.

Or a combination of all of the above

Legal Aid

A pot of government money put aside to help people on low incomes pay to resolve family disputes via

mediation

Kent Family Mediation Service holds a LAA contract

Required - clients provide proof of income via:-

• Payslips

• Benefit letters

• Bank statements

• Rental agreements

• Mortgage documents

Assessment method:-

Income/ pass ported benefits against capital assets (property, shares, savings etc.)

What Role Does The Mediator Have?

A Mediators role is to:

• Stay impartial

• Take a brief overview of the situation

• Establish and stick to the facts

• Identify the issues for mediation

• Identify each persons long term & short term goals

• Facilitate and negotiate with both parties

• Explore all options for resolving the dispute

• Guide both parties to reach a mutually acceptable agreement

Who Can Attend Mediation?

Anyone who is affected by Divorce or separation:Parents

Children (in certain circumstances)

Grandparents/ extended family members

Ex-cohabitees even if they weren’t married

Same sex or heterosexual couples

However….

Mediation is voluntary and

Both parties need to be willing!

April 2014 Changes To Family

Court System

What Are the Benefits of Mediation?

Family Mediation:-

Is a more amicable way of resolving issues

Puts children at the core of negotiations

Helps improve communication

Is cheaper than going through a Lawyer

Is quicker than going through legal channels

Can keep disputes out of Court

Courts encourage mediation

Prevents legal costs eating up any divisible assets

Ensures that each person can be heard

Ensures that any agreement reached is in

the interest of both parties

Referral

Self/ Lawyer/ OrganisationService contacts both parties

Telephone screening DV, SS,

Injunctions , Court Orders &

willingness to mediate

Clients send in POI

LAA Assessment carried out &

clients contacted

Appointment booked

by telephone

Separate/ Joint Intake Meetings

DV screening

suitability for mediation

background information

Mediation sessions 2-3

sessions

Agreement reached

Draft SOO/ MOU

Final signed MOU

The Mediation Process

DV screening

procedures at 2 stages

Facts & Figures!

•Kent FMS is a charity

•Affiliated to NFM

•Work collaboratively with Co-op & Kent Family FFF Lawyers

•Service is 30 years old

•Staff have 70 years combined experience

•Mediators are LAA competence assessed

•2012 approx. 2,000 mediation referrals

•80% KFMS clients eligible for Legal Aid

•63% child only cases, 26% AIM, 11% P&F

•Agreement rate 75%

•Growing no. Kent offices – now 13

Domestic Violence

Domestic Violence Measures:

1. Initial telephone screening

2. Intake meeting screening

If mediation suitable - preventative steps:

•. Staggered arrival/ departure times

•. Separate waiting areas

•. Shuttle mediation

Social Services liaison:-

If there is Social Services involvement we contact them to obtain their agreement that mediation can take

place.

How Much Will Mediation Cost Through Kent FMS?

Type of Session Legally Aided Client Private Client (Inc. VAT)

Per person

Single Intake (MIAM) Free £90.00 or

Free if other person is eligible for Legal Aid

All mediation sessions 1.5 to 2 hours

Child only

Property & Finance/ all issues

Free

Free

£150 or £205.00

£150 or £205.00

Drafting of Memorandum of Understanding

Statement of Outcome (child only cases)

Free

Free

£180 or £246.00

Free

Court required form FM1

If attended intake meeting

If no mediation takes place as one party not willing to mediate

Free

£30

Free

£30

What You Need to Know About Legal Aid

April 2013 - Major Changes to Legal Aid SystemGovernment funding ceased to exist for Family Solicitors

Now only available for family mediation (except in certain cases)

LAA only available via LAA Accredited mediation providers

Available to anyone assessed as being ‘eligible’ to claim

Assessment by ‘means testing’ of income & capital assets

Eligible clients receive free mediation & free legal advice

No payback providing agreement reached in mediation

Affiliations & Partnerships

National Family Mediation (NFM)

Awarded HSSF Quality Mark 2013

Kent Family Fixed Fee Foundation

Solicitor Supported Mediation

Co-op Law Society

Free 15 minute legal via phone 0843 249 5102

Direct Child Consultations (DCC’s)

Kent FMS Mediators are trained to carry out DCC’s

Will speak to child alone if parents & child give written consent

To find out child's wishes & feelings

Provide feedback to parents if child gives permission to do so

“ They see me as being safe..”

“We can talk about how much they love each parent and how they would like their life to be”

Mediation Agreements

Two types of agreement:

• Memorandum of Understanding (MOU)

Property, finances & all issues cases

• Summary of Outcome (SOO)

Child only cases

Can be revisited as child gets older or if circumstances change

Not legally binding but can be made into a ‘Consent Order’

How Does This Affect Your Work?

With this information you can educate and empower your service users by:-

• Informing them that Legal Aid is available through mediation

• Explaining the benefits of family mediation to them

• Emphasising the importance of putting their children first

• Encouraging them to contact Kent Family Mediation Service on 01795 410457

• Making an online referral via the Kent FMS website:

www.kentfms.co.uk