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Law Society Family Mediation Scheme developments

3 December 2012

Over the next few months there will be a number of changes to the Law Society's family mediation accreditation scheme, as the Law Society seeks to build up scheme membership and assist members in responding to changes in family justice.

Government policy is to encourage mediation across civil and family disputes, and family mediation is the one area of legal aid which will attract additional funding. The government has recently prepared draft legislation to introduce a mandatory requirement (with some exceptions) to go to a Mediation Information and Assessment Meetings (MIAM) before any application is made to the courts.

A single standard

In due course, the government also intends to require mediators who work entirely in privately-funded mediation to meet the standard which is required of publicly-funded mediators before being permitted to undertake privately funded mediation work.

The Law Society agrees that that there should be a single standard across the mediation profession.

The standard for publicly-funded mediation will continue to be met by the Law Society's family mediation accreditation scheme. As the government intends to apply that standard to all family mediation, mediators who have not yet completed accreditation because they do not work with publicly funded clients should consider becoming accredited to meet the forthcoming requirement.

A common Code of Practice

To help mediation practitioners, the Law Society has decided to adopt the Family Mediation Council's Code of Practice in full. The Law Society has had its own Code of Practice for some time, but having more than one Code was potentially confusing for practitioners.

Extended access to the Law Society Scheme

In preparation for a single-standard across family mediation, the Law Society has decided to extend access to its Scheme to all suitably qualified family mediators, not just solicitors. From April 2013, those mediators who are currently competence-assessed by the Family Mediation Council will be able to passport across to the Law Society Scheme; mediators seeking first time competence assessment or accreditation will be able to apply directly for Scheme membership.

New processes and pricing

In preparation for likely increased demand, the Law Society will be introducing a new, streamlined accreditation and assessment process linked with substantial pricing reductions, reflecting the importance of all mediators being able to access, complete and achieve a nationally recognised professional standard for practice simply and cost effectively.

The new scheme will be introduced in April 2013.

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