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Introduction
6.63LASPO introduced a level of service to allow solicitors to provide legal advice to clients during and immediately following mediation. It is designed to assist the mediation process and give legal effect to any agreement reached. This covers the provision of any of the following legal services in relation to a family dispute:
(a)civil legal services provided in relation to family mediation; or
(b)civil legal services provided in relation to the issuing of proceedings to obtain a consent order following the settlement of the dispute following family mediation.
1Civil Legal Aid (Procedure) Regulations 2012 reg 8. Scope
6.64Help with Family Mediation is controlled work.
2Civil Legal Aid (Procedure) Regulations 2012 reg 21(2). Therefore, you need to use a matter start under your schedule to start a case.
6.65Help with Family Mediation covers legal advice to a client who is undergoing or who has participated in family mediation within the last three months and can include the issuing of proceedings to obtain a consent order following the settlement of the dispute within family mediation.
3Civil Legal Aid (Procedure) Regulations 2012 reg 8.Financial eligibility
6.66See Legal Help above.
Merits test
6.67The merits test is the sufficient benefit test, see above. You will need evidence on the file that the client is, or has been within the last three months, participating in family mediation.
4Standard Civil Contract Specification 2013 para 7.69.Forms
6.68The form is the CW5. It has to be signed by the mediator as well as the client.
Funding
6.69You may not claim for Help with Family Mediation if you have provided Family Help or legal representation in relation to the same family dispute within the previous six months. If a certificate is granted to a client in respect of the same family dispute within six months of your claim, your fee will be recouped.
5Standard Civil Contract Specification 2013 para 7.72.6.70You may only claim one Help with Family Mediation fee per case, regardless of the number of clients you represented who took part in the mediation or the number of different issues covered by the mediation.
6Standard Civil Contract Specification 2013 para 7.70.6.71There is a fixed fee of £150; but you can also claim a further £200 if you draft a consent order giving effect to a mediated agreement and which is approved by the court. There is no ‘escape’ from these flat fees.
7Standard Civil Contract Specification 2013 para 7.3.