Mediation and Public Funding Q&A

The Legal Services Commission have recently introduced a change in eligibility for Public Funding in family matters, making it compulsory to attend a Mediation Assessment meeting before an application for Funding can be made.

It is important that you are aware of these changes since you will only be exempt from this in certain circumstances:

• Injunction proceedings (family homes, domestic violence and orders to set aside disposal of property).
• If you are the Respondent in existing proceedings and a court date has already been set.
• If you have a disability or inability to travel to see a local mediator.
• Your partner is unable to attend a meeting because he or she is abroad, is in detention, or lives more than a two hour journey from the mediator, or appears to be unable to travel.
• You have a reasonable fear of violence or significant harm from your partner.
• If no mediator is available to detail with the issues raised in the case.
• If mediation concerns financial issues and either yourself and your partner is bankrupt and cannot deal with your own financial affairs.
• If there is any other reason why you should not be referred to the Mediation Service, then this can be discussed with your solicitors and, if appropriate, an application made to the Legal Services Commission for you to be exempt from doing so.

The new procedure involves you being referred to a mediator who holds a Public Funding contract in mediation in order to assess whether mediation is suitable. We should arrange the appointment for you. If no appointment is offered within 10 working days, the mediator will sign a form and we can submit this with your Public Funding application to the Legal Services Commission for determination.

Public Funding for Mediation

Qualification for Public Funding depends upon your financial circumstances. If you are in receipt of Income Support you will automatically qualify. The mediator will assess your eligibility. As at 3 December your weekly disposable income must not exceed £601 and you must not have capital exceeding £3,000. If you would qualify for a Public Funding Certificate, but not for mediation, then the mediator will sign a form and you will be able to return to ourselves so that we can apply to the Legal Services Commission.

If you do not qualify for Public Funding, you will have to pay the mediator's fees privately.

Mediation process

You have the option to have a mediation assessment either together or separate from your partner. If mediation takes place and is successful and you are able to reach an agreement, then we can assist you in legally formalising this.

If mediation breaks down, you can return to us for further advice. It is important that you also seek legal advice from us, at any stage, during the mediation process, particularly when key solutions are proposed and when financial issues are to be resolved.

This is a complicated area and if you have any further queries, advice should be sought from ourselves.

If you require further advice, please ask a question or call us on 0800 066 99 20.

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