ScopeFamily mediation:scopeFamily mediationFamily mediation:scopeFamily mediationFamily mediation:scopeFamily mediationFamily mediation:scopeFamily mediation
8.3There are two types of mediation that can be funded by the LAA:
•family mediation, where the LAA funds the mediator directly; and
•non-family mediation, which can be funded as a disbursement under both Legal Help and representation certificates.
1Civil Costs Assessment Guidance 2013 para 3.6. 8.4Paragraph 14 of Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) provides that mediation is only available for a ‘family dispute’ which is a matter arising out of a family relationship as defined in the Act. LAA guidance
2Family Mediation Guidance Manual, LAA, March 2015. states that if there are no significant legal family issues in dispute and the role of the mediation is simply to improve communication and the relationship between the parties then it does not fall within the scope of public funding. Disputes which the LAA considers to be minor will not pass the merits test:
The mediator must in assessing suitability consider whether the costs of mediation are themselves justified as part of considering whether mediation is suitable for the dispute, the parties and all the circumstances. For example where the dispute is around whether there should be 2 or 3 hours contact a week this would not justify the costs of a mediation.
3Ibid, para 2.3.8.5The scheme includes the following:
•mediation information and assessment meetings (MIAMs) (which may be attended by one or both parties);
•mediation:
•all issues mediation;
•child mediation;
•property and financial mediation.
8.6The Children and Families Act 2014 was implemented on 22 April 2014. This makes it compulsory for people seeking to make applications in certain family proceedings to attend a mediation information and assessment meeting (MIAM) before making an application unless they are exempt. The legal requirement is for the applicant to attend, and respondents are expected to do so.