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I recently asked the Legal Services Commission under the Freedom of Information Act to tell me if the LSC has any data on whether mediated financial settlements obtain approval of the Court without amendment. The LSC was unable to give me that information as the LSC does not gather that information. I can understand why that might be ie there is no system by which the LSC, which funds Mediation for those entitled to receive legal aid, is told by the Court or indeed by Solicitors acting for the parties, whether Mediation was in fact successful ie that the mediated agreement received Court approval without amendment.
What I dont understand is why the LSC and MoJ, both of whom promote Mediation as a direct alternative to litigation, have not bothered to establish a system which allows them to assess the ability of mediators to mediate agreements which are acceptable to the Court.
I am not talking about the use of mediators as part of the Court process to facilitate agreement between the parties. The use of mediators in these circumstances is of value. I am talking about mediated agreements relating to financial settlement through Mediation as a direct alternative to litigation.
How can the LSC and MoJ state that Mediation is cheaper, faster and better for clients if they dont know if it is effective?
I recently asked the Legal Services Commission under the Freedom of Information Act to tell me if the LSC has any data on whether mediated financial settlements obtain approval of the Court without amendment. The LSC was unable to give me that information as the LSC does not gather that information. I can understand why that might be ie there is no system by which the LSC, which funds Mediation for those entitled to receive legal aid, is told by the Court or indeed by Solicitors acting for the parties, whether Mediation was in fact successful ie that the mediated agreement received Court approval without amendment.
What I dont understand is why the LSC and MoJ, both of whom promote Mediation as a direct alternative to litigation, have not bothered to establish a system which allows them to assess the ability of mediators to mediate agreements which are acceptable to the Court.
I am not talking about the use of mediators as part of the Court process to facilitate agreement between the parties. The use of mediators in these circumstances is of value. I am talking about mediated agreements relating to financial settlement through Mediation as a direct alternative to litigation.
How can the LSC and MoJ state that Mediation is cheaper, faster and better for clients if they dont know if it is effective?
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