My Lords, I shall speak to Amendments 50 and 52, tabled by the noble Baroness, Lady Hughes of Stretford, which would ensure that any mediator who is to deal with family disputes through a family mediation, information and assessment meeting—known somewhat inelegantly as MIAMs—would have to be approved and would need to have undergone relevant training and quality assurance. I also signal my support for Amendments 46 to 49 and Amendment 51, as tabled by the noble and learned Baroness, Lady Butler-Sloss, which would remove the introduction of compulsory mediation.
Currently, of course, attendance at a MIAM is voluntary. Solicitors make a referral to a mediator, allowing clients to receive legal advice prior to the mediation process. Since April 2011, parties have been required to send an FM1 form to the court alongside court applications to show that they have considered or attempted mediation. I should also point out that there is currently no regulation of mediators and that many have no formal training, although of course many are also qualified solicitors.
Under Clause 10, attendance at MIAMs will be made compulsory. There is great concern that this may be used to further domestic abuse in certain cases. Since MIAMs will be compulsory, mediators will be given the task of screening for domestic abuse and children’s safeguarding issues, yet without training there can be no knowing whether the skills these mediators possess will be appropriate or adequate to undertake such work. Legal aid will still be available for mediation but since legal aid has been withdrawn for private family law cases, except those involving recent domestic abuse, parties will be entering into the mediation without having received prior legal advice. That puts children and abused adults in a particularly vulnerable position.
Finally, since the majority of parents settle contact arrangements between themselves, the cases which go through to the courts process are by necessity the most complex and the most likely to involve abuse. Forcing parties through mediation in these circumstances would be highly damaging and potentially dangerous. At the very least, accreditation of mediators should be made compulsory. I urge the Minister to accept these amendments.
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