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Family Mediation Child Contact Children’s Advice & Support

Developing partnerships with Family Mediation Services

Stefan Klidzia22 June 2011

Outline of Session (Learning Outcomes)

To gain knowledge and understanding of current legal and policy developments relating to Appropriate Dispute Resolution (ADR)

To gain an understanding of the principles of mediation

To develop an understanding of the mediation process

To explore developing partnerships between Contact Centres and Mediation Services

To develop a practice model for joint working between Contact Centres and Mediation Services



Legislative Context for Family Mediation

Includes -

Children Act 1989

Adoption and Children Act 2002

Children and Adoption Act 2006

Family Law Act 1996

Matrimonial Causes Act 1973

Various equality and anti-discrimination legislation (e.g. Equality Act 2010)

Human Rights Legislation



Policy Context

Child’s best interests

Importance of family life

Every Child Matters 2003

Working Together 2010

Access to Justice / ‘Legal Aid’ (Public Funding)

State intervention v. family / individual rights

Early prevention

(New) Family Procedure Rules (2010)



Family Mediation – a definition…

Mediation – a form of third-partyintervention to assist parties in dispute to negotiate a mutually acceptable outcome, wherebythe mediator(s) is impartial and without decision-making authority, controlling the process andfacilitating communication.



Why mediation?Public Funding (Legal Aid)

Less costly and less stressful

Faster process for resolution

Helps parties to ‘save face’

Focus on issues rather than conflict



Why mediation?Mediators offer ‘neutrality’ & impartiality

‘Fairness’

Problem solving

Solution and future focus

Decisions / control stays with parties



Issues for mediationChildren

Property & finance

All Issues Mediation – ‘AIMS’

Substantive and / or underlying issues

Move people from ‘fixed positions’. Look at interests and needs.



Family mediation process

Referrals by solicitors, Cafcass, Courts, Contact Centres, self-referrals, other agencies

Individual or joint Information Meeting offered to each party (Confidential)

Face-to-face or ‘Shuttle’ mediation

Consultation with children / young people



Domestic abuse and SafeguardingDomestic abuse and Safeguarding screening carried out throughout mediation process

Identify and refer, where necessary, to other agencies

Mediation might still take place

Children’s issues – contact and residence; parental communication; ‘what to tell the children’; ‘how to tell the children’; wider family members; introducing new partners



Key principles of mediation

Voluntary process

Confidential process (with exceptions)

Parents make decisions, which are not legally binding

Mediators are impartial - don’t tell parties what to do

Issue-focused

Future focused

Available to all

Outcomes not reported without consent of all concerned



The Mediator’s role

Manage the process

Assess and screen

Provide information

Facilitate communication / negotiation

Listen actively

Reflect and summarise

Gather and share information

Record

Test reality



The mediation process

Five-stage model –

1. Establish the arena

2. Identify issues

3. Explore issues

4. Develop options

5. Secure agreement



Consider…

When might parents using a Child Contact Centre be at the stage where mediation is appropriate?

Who can / should make a referral to mediation?

Are all family cases suitable for mediation?



Developing partnerships…

Consideration of practice models for joint working between Contact Centres and Mediation Services



tel: 0191 567 8282 family mediation child contact children’s advice & support developing...

Documents

mediation servicesto

mediation processto

mediation servicestel

mediation processidentify

agencies mediation

family law act

contact centres

equality act