Introduction- mediation etc

Question 1

Since 2014 those seeking a divorce (family proceeding) may be required to attend what?

Answer 1

a MIAM

Question 2

what does MIAM stand for?

Answer 2

Mediation Information and Assessment Meeting (MIAM)

Question 3

Why do gov what you to attend miam first?

Answer 3

this is the govs way of getting people who are divorcing to see if people who are divioricng to see if alternative dispute (other methods of dispute rresolution) are suitable

Question 4

what do you have to make sure you do before application to family court?

Answer 4

you have to got to one of these assessment meetings, e.g have u don’t mediation its great, you will be able to get legal aid with mediation,

Question 5

If approp what can u get with a miam?

Answer 5

You can get legal aid for a miam

Question 6

what happens at a miam?*

Answer 6

-

Question 7

what do you only have attend?

Answer 7

attend a miam you don’t have to attend mediation, so you have to attend meetin that tells you about mediation but cant force someone to go to mediation,only 1 party needs to attend,

Question 8

only 1 person needs to attend a miam?

Answer 8

only 1 party needs to attend, so if youre divorcing of 2 people only 1 person needs to attend,

Question 9

when would the option of going to court become avail in regards to a miam?

Answer 9

so once you have attended miam or shown that mediation isn’t suitable way of solving your dispute, then you can go to court

Question 10

what was decided in rosalba?

Answer 10

Rosalba- it was decided that it was contrary to public policy to cause someone to attend mediation

Question 11

what one of three rules can a mediator have?

Answer 11

• Minimal Intervention- little int, intervenes to keep parties talking, med = no decision just makes couple come to agreement= off topic med will put u back on track
• Directive int- interrupt if feels unfair, 1 party influence over under med step in when needed
• Theraputic int- about improving parties rels,talk through probs better easier to solve probs

Question 12

which one is most pop form of mediation ans why?

Answer 12

minimal most popular, mediation seen in England place u go to to talk about what u feel and what opportunity to get your views across
You can be in same room or diff rooms, mediator an go between, can be whatever works for parties which might change over time

Question 13

Advantages of mediation?

Answer 13

• no right answer, so it is entirely up to the parties, to decide the outcome – all well and good if there is equal abrgainning power if not=problem, very different if you were to go ct judge would state what should be the outcome
  effective solution- is some evidence in fam law even when ct makes a decision court ignores it whereas in mediation solution more effective cause u compromised and youre going to stick to your solution
  -aiding communtion:sometimes when you talk to your lawyers tempers rise and so if youre speaking to your partner or ex partner face 2 face might feel you have your point across you want to be heard
  Theraputic: get to talk through problems and exercise –really scary time for people especially on low incomes a period of adjustment form of therapy – e.g if set q about someone who nervous frightened of future/partner might be about children could say on top of sorting out everything could think about mediation in solving it, but you have to spot it
  Time: you can take as much or little as you wish whereas ct you have certain amount of time here there is no time pressure
  Cost: less money than ct

Question 14

Disadvantages if mediation?

Answer 14

mediatiors not impartial: so it is very difficult for mediators to remain completely impartial- prejudice 1 mediator and couple might be times where mediator not impartial as should be
2nd point- mediation works against weaker party so if not good at expressing self or hate conflict emotionally vunerable so might agree with something you don’t actuallt want
3rd one-society norms – can scew what is acceptable so is acceptable that children always live with a mother,,is that fair as children stay with mothers
In mediation its about couple not best interest of couple not children childrens interests are mainly ignored,
- unless you take advice outside mediation wont help with tax and issues- if you go and see someone for some legal advice if comtemplating getting divorced they will run through finances of both parties you have to provide a years worth of accounts erm it might be quite easy for people to persuade other person that don’t have much of a pension without saying or having much evidence of that
When people have divorce they quite like having a layer to get through traumatic time, really want somebody to make sure they getting the best deal

Question 15

what is another non court?

Answer 15

Collaborative Family Law

Question 16

what is Collaborative Family Law & success rate?

Answer 16

-4 way face to face- sit round table and thresh out issues until you reach a decision , with 85% success rate

Question 17

what happens before time you get to this stage?

Answer 17

so time u get to this stage already gone through issues

Question 18

what do you need with collab?*

Answer 18

You have to be able to afford lawyer, not only cost of meeting but work beforehand, can be quite expensive depending on issues in the first place, it is to a certain extent like mediation it is client lead, if you enter into collab law process and not the lite version,

Question 19

what if dont come to agreement in collab?

Answer 19

if you then go court and don’t reach agreement and go court cannot be represented by lawer, in normal collab law a lawyer acting for u is not allowed to represent u in court, bc what gov want ppl to do is use non court as end result not option, way of encouraging u to come to an agreement, also really expensive, paid lawyer and now have to start process again but collab law lite,

Question 20

what happens in collab law lite?

Answer 20

in lite version ur legal rep is allowed to represent u there are 2 versions of collab fam law

Question 21

what is another form?

Answer 21

Arbitration

Question 22

what is arb like?

Answer 22

-Like going to court, arb normally lawyers trained to be arb, most non court dispute expensive arb as court
It is the most expensive non court dispute reso
- need legal rep
- used to be finiancialand prop issues summer 2016 children disputes
-private unlike court
-Experienced family lawyer
-Hears evidence from both sides and reaches a decision
-Arb makes dec but parties are bound by that dec as u agree to be bound by arb decision,but then you go ct and get ct order for it,most time ct will agree with arb decision but article 6.5 gives ct discretion to not follow arb decision, (A consent order is then obtained from the court – but see Article 6.5 Institute of Family Law Arbitrators)

Question 23

reasons why court dont follow arb all the time?

Answer 23

law isn’t followed, arb has interpreted law properly, 2nd is the procedure has not been followed, when u go to arb you agree to be bound by arb decision, so you have ur faith in arb now if arb not good then u have recourse to go ct and say arb wrong for these reasons some form of appeal process, gov wants u to see arb is final determination so must be bound by arb dec but if arb wrong u do have appeal, go ct up to u to persuade ct that arb has done something wrong

Question 24

what do most ct like procedures extend to now?

Answer 24

MOST CT LIKE PROCEDURE EXTENDS TO CHILDREN NOW

Question 25

Arb advantages?

Answer 25

Ad
Lack of pressure- ct like procedure but not ct
2- cause u can choose own arb ur more likely to see arb as being fair

Question 26

Arb disavantages?

Answer 26

cost-most expensive as have to pay for lawyers, arb and all costs of hearin, room admin whole process is funded by you, , lets say youre just going to sort out financial dispute, you might not get as much change out of about 10,000 if u go arb so expensive where mediation is 100’s rather than 1000’s, last thing on slide