| 3.
Funding Mediation and Marriage/Family Support Services |
| |
| 3.1.
Although the role of mediation in the divorce process
seems to becoming more significant with over 4,000 cases
a year, there are concerns about how mediation is funded.
The availability of legal aid to pursue divorce actions
through mediation has been discussed in the consultation
paper on civil legal aid, Access to Justice, Beyond
the Year 20004. |
| |
3.2. That
paper sought views on several suggestions, including:
- a pilot study of
compulsory intake reviews for mediation at which
those eligible for legal aid would be assessed
for mediation;
- piloting of mediation
funded by legal aid from the outset for a
prescribed class of family action;
- whether there should
be compulsion on a party to participate in
mediation once judged suitable; and
- assuring quality in
the provision of intake interviews and of
mediation.
|
| |
| 3.3. The
responses to the consultation were lukewarm. The element
of compulsion, even if it was only to attempt to
encourage early information about and access to
mediation, did not sit well with the common view of
mediation organisations that the most effective mediation
is provided when both parties come to it willingly.
Further, there were concerns that the lack of legal
expertise at an early stage in mediation could lead to
parties being unaware of their legal rights, particularly
to financial provision. In addition, not every couple who
would benefit from mediation is eligible for legal aid. |
| |
| 3.4. These
Access to Justice proposals are confined to mediation.
Yet mediation is only one element of support for the
family at a time of difficulty. Valuable support is also
provided by organisations which counsel couples seeking
to save saveable marriages, or support ex-partners and
their children, or assist families to adjust to new
relationships. Such bodies would not be covered by the Access
to Justice proposals. It may therefore be worth
considering whether the Government's support for a range
of services assisting families with difficulties is
brought within a new funding mechanism, different from
the present arrangements and not dependant on legal aid. |
| |
| 3.5. At
present a wide range of organisations receive a
contribution to their funding from The Scottish Office.
Annex C sets out the present level of funding. The
funding is provided under Section 10 of the Social Work
(Scotland) Act 1968. Section 10 allows the Government to
assist a wide range of organisations in the voluntary
sector. It would be possible for the Government in
Scotland to seek primary legislative provision to allow
it to contribute in a more targeted way to organisations
which assist families facing difficulties (whether at a
national or a local level) through a specific grant. |
| |
| 3.6. This
would not prevent the legal aid based pilots also being
carried out if it were decided that this was appropriate.
Access to Justice stressed that quality assurance would
be an essential factor in the provision of mediation5. Structures presently exist for
mediation (eg the UK College of Mediators) to provide for
consistency of training and qualifications. Quality
assurance would also be an important feature in
determining the funding of other family support services. |
| |
| Question 3: Should there be a new
statutory basis for funding family mediation and marriage
support services? |
| |
