The Government’s Family Mediation Voucher Scheme receives funding boost

In March this year, the Ministry of Justice (MoJ) launched a voucher scheme offering a contribution of up to £500 towards the cost of mediation for eligible families seeking to resolve family law disputes outside the Family Court (‘the Scheme’).

The Scheme aims to alleviate the current pressures on the Family Courts created by the Covid-19 Pandemic by encouraging parties to settle disputes outside the courts.

Recently, the Government have announced the Scheme is set to receive a further £800,000 investment following the initial £1m cash injection by the MoJ back in March. This new funding boost will provide a further 2,000 families/individuals support towards the cost of mediation. The Scheme will run until all the funds have been spent.

The Scheme brings in to focus the importance mediation in Family Law. This article revisits the benefits of Mediation and outlines the eligibility requirements for those seeking to apply for funding under the Scheme. 

What is Mediation?

Mediation is a voluntary and confidential form of resolving disputes outside of the courts. An impartial third party (‘the Mediator’) is appointed to help the parties negotiate a solution to their dispute.

The Mediator does not have the authority to enforce a decision on the parties. Rather, the Mediator facilitates a discussion between parties. The Mediator will recognise possible solutions and help the parties to reach an outcome on their own terms. The parties retain control over the process and dictate whether or not to settle the dispute and on what terms.

Mediation in Family Law

Mediation is used in Family Law to resolve a variety of issues. Parties can use mediation to:

• Settle differences between the parties;
• Agree child arrangements;
• Agree financial arrangements, and;
• Agree how the property will be divided.

Mediation can be used whether or not the parties are married and whether or not the parties have children.

Benefits of Mediation

There are many benefits for parties who attempt mediation. These include the following:

• Parties in Control – Unlike in court proceedings, mediation allows the parties to stay in control of the procedure. The parties are at liberty to settle the dispute if they would like, but they do not have to. Further, the parties can dictate the terms for which the dispute is settled.
• Maintaining Relationships – It is important for parties to maintain a good relationship when settling a dispute, especially when children are involved. Mediation gives parties an opportunity to bottom out any existing issues and try to reach an amicable solution in the best interests of both parties.
• Speed of the Process – The parties have control over the speed at which the mediation will progress. Multiple mediation appointments can be scheduled from the outset. Alternatively, the parties may wish to progress matters slowly. The parties do not have to be subjected to the delays of court proceedings, nor do they have to be dictated to by court timetables.
• Tailored Outcomes – Disputes settled in court proceedings will always focus on the legal rights of each parties. Mediation offers an alternative to this rigid approach. The parties can tailor a settlement to the parties’ personal interests. Wider issues between the parties can be taken account of to produce a more bespoke settlement.

Am I eligible for funding under the Scheme?

Mediation vouchers are limited to the following cases:

• a dispute/application regarding a child
• a dispute/application regarding family financial matters where parties are also involved in a dispute/application relating to a child.

For example, the following cases would qualify for funding:

• a child arrangements order;
• a specific issues order;
• a parental responsibility order, and;
• financial orders relating to a child’s upbringing.

Parties will not be excluded from the Scheme if they are also eligible for legal aid. Parties can still obtain a voucher if the other side in the mediation is eligible for legal aid. Parties can only claim one voucher per family/case.

Parties will be advised on their eligibility for funding under the Scheme at their Mediation Information and Assessment Meeting (MIAM). A MIAM is a short meeting that provides information about mediation as a way of resolving disputes. A MIAM is conducted by a trained mediator who will assess whether mediation is appropriate in the circumstances. If parties are intending to pursue court proceedings, in most cases, they will be required to attend a MIAM before making an application to the court.

If I am eligible, how do I receive the Voucher?

If the parties decide to proceed with mediation and they’ve met the eligibility requirements, upon request, the mediator will apply for voucher funding. The parties will not be expected to make the application themselves. The parties must give their consent to the mediator providing the necessary personal information to the Family Mediation Council. The funds will be paid directly to the Mediator once all of the mediation sessions have finished. The parties will not receive a physical voucher.

How Holmes & Hills can help

It is important to have advice on your legal rights and position. Holmes & Hills are able to advise on all aspects including:

• Advising on the strengths of options discussed in mediation;
• Advising on the enforceability of settlement options;
• Advising parties on key issues to be addressed in the mediation process;
• Advising on complex legal issues brought up in the mediation.

Further, if an agreement is reached in a mediation, whether it be relating to finances or children, Holmes & Hills can draft or advise you upon incorporating any agreement into a legally binding court order.

If you have any queries or require more information please contact Holmes & Hills Solicitors and speak to a member of the family team who will be able to arrange an appointment.