If a job is worth doing it is worth paying someone else to do it properly

It is often said, sometimes in jest, that if a job is worth doing it is worth paying someone else to do it properly. Lord Judge, the Chair of the Judges’ Council has recently commented that proposed Government changes to the court system are likely to cause “a huge increase” in the number of ‘DIY litigants’. Are the current proposals to slash legal aid more likely to result in the freeing up of the court system because more people will choose alternatives such as mediation or as some senior judges have suggested will the courts grind to a virtual standstill as hundreds of thousands of people represent themselves in legal cases?

The lawyer who conducts his own case is said to have a fool for a client. Is the position of DIY litigants different? In some areas the court system appears already to be at breaking point. The proposed closure of a number of courts is likely only to worsen that. Is the threatened withdrawal of legal aid the straw that finally breaks the camels back?

Paul Grimwood, Partner, Hart Brown

To mediate or not to mediate: That is the question.

The Government has today unveiled its plans to compel couples who are in dispute about family issues to attend ‘Mediation Information and Assessment Meetings’ before issuing an application at court. The rationale, according to Justice Minister Jonathan Djanogly, is that mediation is ostensibly “a quicker, cheaper and more amicable alternative” to court proceedings. The new rules will come in to force in England and Wales on 6th April 2011 and apply to privately funded cases. Mediation sessions are already compulsory for those receiving public funding, although there are exceptions.

Supporters of the proposals see this as a positive move to assist feuding couples and enable them to resolve their disputes, whether it be about the divorce itself, financial issues or children matters, in an amicable forum with an independent mediator. Critics of the proposals may, however, view the move as an excuse to cut the legal aid budget for family cases.

According to the BBC, there are currently 350,000 family cases currently receiving legal aid in England and Wales. By making mediation compulsory in most cases, the Government hopes to reduce this to around 87,500 cases, which represents 25% of the current figure, thereby saving around £173 million.

Mediation will not be compulsory in all cases, for example where there are allegations of domestic abuse or where urgent action needs to be taken by the court. If one party is unwilling to attend or consider mediation they cannot be forced to go, but if there is no valid reason for the refusal a Judge is unlikely to view this stance favourably.

Mediation can be a positive experience whereby couples can air their issues with an impartial third party, but that is not to say it suits everyone. Is compulsory mediation a step in the right direction for amicable resolution of disputes, or is it another hurdle couples will have to face before they can seek assistance from a court.


Gemma Kemp – Legal Executive – Family department

http://www.bbc.co.uk/news/uk-12548506

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