Contact Details:
Name: Katie Beal
Tel: 01159 888 740
E-mail: kbeal@fraserbrown.com
Family Justice Review
Katie Beal, family law specialist at Fraser Brown Solicitors, says new proposals could result in a radical shake-up of the family law system, impacting on thousands of couples.
It is thought that the Family Justice Review, which is currently underway, will change the rules regarding how parties resolve their disputes and access to courts. Before court action can be issued or legal aid granted, clients will have to consider alternative means of resolving their disputes.
This could mean that mediation will become compulsory before court proceedings can be initiated and legal aid granted. At the moment it must be considered, but after consideration either party can choose not to proceed.
Katie said that while such a rule has obvious benefits, there are issues that will need to be overcome. "There is no doubt that providing legal aid is expensive and in some cases court attendance is unnecessary. Mediation is far cheaper and less time-consuming, making it a good option for the majority of private feuds.
"But I worry whether the system will cope with such an increase in the number of mediation cases. We have qualified mediators and a mediation contract but in some areas a shortage in the number of mediators may result in unacceptable delays."
The findings of the Family Justice Review are expected to be published in 2011.