the role of family mediation within the community ... · pdf filethe role of family mediation...
TRANSCRIPT
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