Local law firm concerned about proposed changes

One of Colchester’s leading law firms is warning that fewer families in crisis will be given the chance to resolve issues through mediation because of proposed changes to legal aid.

Fisher Jones Greenwood LLP, the town’s only law firm currently offering publicly funded family mediation services says that the Legal Service Commission’s new proposals on family mediation are cause for concern.

Family mediation and any follow up legal advice is currently free for people on low incomes who are eligible for public funding (legal aid), but under new proposals, they may now have to pay for legal help with mediation.

Partner at Fisher Jones Greenwood, Kate Taylor who is one of three trained family mediators at the firm, said: “We are particularly concerned that fewer people divorcing or separating will consider mediation as an alternative to often very stressful court proceedings.

“Research shows that mediation improves communication and particularly helps children maintain their family relationships, not only this but it is very flexible and generally more cost-effective than going to court.”

She added: “If these recommendations go ahead it would mean that people on low incomes would no longer be exempt from statutory charges, which could put many off from using mediation. We are also concerned that because of proposed changes in referrals procedures, by the time solicitors refer clients to mediation it will be too late for it to be effective.”

Family mediationinvolves the appointment of a trained independent mediator who helps those involved in separation or divorce or other sorts of family breakdown reach a negotiated settlement. Unlike a judge, the mediator has no power to impose a solution.

Senior Partner at Fisher Jones Greenwood, Tony Fisher said: “At the moment there is a lack of awareness of mediation amongst both members of the public and also very often solicitors. It is a great pity as we really believe family mediation is the way forward in helping those involved in relationship breakdowns make extremely important decisions in a non-stressful environment about future arrangements for their children, property and finance. We hope very much that these recommendations will not be imposed.”

To further promote the benefits of mediation, Fisher Jones Greenwood have arranged a ‘Mediation Awareness’ event for local solicitors and accountants on the 17th May 2007.