mediation for all

Until now only those solicitors offering publicly-funded services have needed to refer their family law clients to mediation. Privately funded clients (and indeed litigants in person) have been able to begin family court actions with no requirement to consider alternative methods of dispute resolution.

With effect from 6th April 2011 Practice Direction No 3A requires all persons to attend a mediation information session before they can commence proceedings for most children’s matters or financial applications. Applicants will have to be able to demonstrate to the Court that they have either attended such sessions or have made all reasonable attempts so to do before proceedings can be commenced.