The implementation of the revised President’s Private Law Programme in London this week could herald a ‘new era’ for mediation in the capital and reduce ‘unacceptable’ delays in the court system, according to a leading family lawyer.
The guidance, devised in 2004 by the then president of the Family Division, Lady Elizabeth Butler-Sloss, and revised in 2008, sets out best practice for how private law children cases should be dealt with at court.
Officers from the Children and Family Court Advisory and Support Service (Cafcass) will screen all cases to determine those that should be fast-tracked because the children involved are at risk. They will also identify cases where mediation or parenting programmes might be a suitable alternative to the court process.
Christina Blacklaws, senior partner at London firm Blacklaws Davis and child care representative on the Law Society council, said mediation had so far ‘failed to live up to its initial promise’, but with funding from the Legal Services Commission, and given the pressure Cafcass was under, this represented a ‘new era for mediation’.
‘There is a real possibility for us to start changing the culture in respect of how courts are dealing with children cases,’ she said.
Blacklaws said the waiting times for hearings in London are unacceptable: ‘It can be four to six weeks for care cases and up to 18 months for financial hearings in private law cases.
‘If more cases are resolved appropriately, using alternatives to the court, it will free up court time to deal with the really difficult cases. It’s about trying to get people to be more child-centred and future-focused.’
A spokeswoman for family lawyers group Resolution said: ‘We welcome any initiative that will open mediation to more people, but have reservations about whether court is the most appropriate venue.’
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