On 11 July I attended the annual get-together of mediator professional practice consultants. Here is the write-up of the day which I wrote for Resolution’s member magazine.
If I had written this is a blog post I would have included more subheadings and pictures to break it up a bit!
Resolution PPC forum 11 July 2019
For several years Resolution have been running an annual training day for Mediation Professional Practice Consultants (PPC’s). Originally this was just for Resolution registered PPC’s, but in the last few years Resolution have invited PPC’s from all Family Mediation Council representative bodies. In the historically fractious world of family mediation this has been a very helpful step by Resolution and the PPC Forum has become a central date in the mediation calendar.
This year, to coincide with the opening of Resolution’s new offices at 91-95 Southwark Bridge Rd, the PPC day moved from its previous home at Woburn House, Tavistock Square to the training suite at Southwark Bridge Road.
The downside of the change of venue was that the number of PPC’s who were able to attend was reduced from over 100 down to only around 50. The upside was that this made for a more intimate occasion and the Q&A and debate sessions became much more inclusive. There is also scope to record the highlights of this and other training for inclusion on the Resolution training portal.
The day was hosted by Resolution’s Angela Lake Carol and Suzy Power. The main event was a presentation by Robert Creighton, Chair of the Family Mediation Standards Board, ably supported by Helen Anthony, Executive Officer of the Family Mediation Council followed by Q and A.
Now, I appreciate that all this may not at first blush be very interesting to most Resolution members, but please bear with me!
There is an ongoing tension within the world of mediation. This is between those who view mediation as a professional activity (many of the lawyers) and those who view mediation as a profession in its own right. This tension manifests itself in part in the way in which the standards provide a route to accreditation and practice. (Compare with family mediation the lack of requirements to practice as say a workplace mediator).
For members who wish to undertake legally aided mediation, accreditation is necessary in order to meet the requirements of the legal aid agency. It is quite possible to practice as a mediator without being accredited – but to be a resolution mediator – it is still necessary to have a PPC and to undertake professional supervision and to comply with the requirements of Resolution, which in turn comply with the standards of the Family Mediation Council – of which Resolution is of course a member.
A key theme in the presentation by Robert Creighton was the ongoing review of mediation standards. The Standards Board were focusing initially on accreditation and more specifically the route to accreditation. Over the years, too many Resolution members (and others) will have undertaken the mediation foundation training but will have found the pathway from training to accreditation to be impossible to traverse. The current pathway is considered by some to be unnecessarily bureaucratic and onerous – requiring the demonstration of the required level of competency for accreditation through the preparation of a portfolio, submission of three completed Memoranda of Understanding (final mediation summaries) and the completion of at least 10 hours supervision with their PPC.
Robert Creighton had written to PPC’s in June about the work of the Standards Review Accreditation Working Group – and this letter (which is hopefully reproduced somewhere on the resolution website) formed the starting point for discussion.
Robert Creighton outlined how, whilst the plan isn’t to water down the standard of skill which it is necessary to demonstrate, thought is being given to how to make the demonstration of the necessary standard of skill easier. He indicated the intention of the FMC to ask Stan Lester – who had been heavily involved in the drawing up of the current standards/pathway – to look at how the pathway could be recast in a more flexible way – retaining the principle but improving the practical.
Robert outlined how changes could include increasing the time through which it was necessary to achieve accreditation after training, allowing evidence from mediations which did not complete successfully – but where a mediator could demonstrate their skill, perhaps introducing a better proportionality regarding the 10 hours of PPC consultation before accreditation requirements (no one in the room – including organisation representatives on the FMC could quite remember how the ten-hour requirement had been set at that level).
Robert tantalisingly suggested that it may be possible to move to a position where we end up with an enhanced foundation training (perhaps modular?) Which ends in accreditation. Before anyone got too excited about what would have been a comprehensive solution to the difficulties of the route to accreditation for many, he pointed out that the Standards Board had limited time and would initially concentrate on making the current pathway a bit more straightforward – (rather than focusing the available time on finding an all embracing solution which provides a simple pathway to accreditation for everyone – my words! – But at least the genie is out of the bottle on this).
An excellent idea from the floor (from our own Karen Barham) was the idea of the option of the equivalent of an observed driving test – where the unaccredited mediator could demonstrate their competency by actually showing what they could do in real life – as opposed to writing reams and reams and reams analysing how what they have done met the standard. Imagine if we all had to prepare the equivalent of a mediation portfolio instead of undertaking a driving test! Hopefully this is something which will gain traction.
In the afternoon, we looked at the President’s Private Law Report – from Mr Justice Cobb, which is currently out for consultation. Everyone please respond – it’s important. Unfortunately, the revitalised MIAM being promoted in the consultation seemed to all those in the room to be exactly the same as what a MIAM should look like anyway! Perhaps there was insufficient of mediator input in the private law working party? But, there’s no getting away from the fact that the Private Law Programme does require reform and we all felt that given that applications to the court are increasing, and the uptake of MIAMs and mediation has not, that court applicants (and respondents) need to be doing more to try and resolve their disputes sensibly out of proceedings.
Between these discussions were challenging scenarios for discussion between the attendees as to how they would deal with problems arising for their consultees and the usual networking with colleagues from across the mediation world.
There was an unintended theme within the day which was not unnoticed – of the apparent randomness of some dates around mediation: why should a MIAM become invalid after four months? Why should it be a requirement to achieve accreditation within three years of foundation training (without seeking extension)? Why should a prospective accreditee need exactly 10 hours PPC supervision before accreditation? No one quite knew. This reminded me of Henry Brown (mediation pioneer, FMA founder, founder of SFLA (Resolution) sole mediator offering and after whom the Henry Brown lecture at the DR Conference is named in honour) explaining to me at least once, that there was no science involved when the length of a “normal” mediation session was set as 1.5 hours – it just seemed like a good idea at the time! Mediation should always be able to be flexible.
We learned on the PPC day that there are currently around 700/750 accredited mediators in England and Wales and the population of mediators is around 1100 if we include those working towards accreditation. We were told that both numbers were currently reasonably stable. However from looking around the room, I didn’t see many new faces, and I think everyone understands that the population of mediators is ageing – and whilst it may be able to cope with the amount of work that there currently is – it is probably insufficient to cope with the amount of work that there should be – in which case hopefully the current review of process will lead to better routes to accreditation – which will ultimately make the proposition of training as a mediator more attractive. From my own perspective – I have never met a lawyer who has not become a better lawyer after training as a mediator and simply as a skills course the foundation training is highly recommended. Hopefully we will see more new faces in the next few years?
Ian Walker is a Solicitor (qualified 1992) and Mediator (qualified 1996) and a current member of the Resolution DR Committee and Chair of Resolution Devon Region. The views expressed here are entirely Ian’s own.
The Family Mediation Council (FMC ) is now the governing body for mediation. It is made up of 6 member organizations.
I received an email news update at end of March 2017
The FMC report that there are 982 mediators registered with FMC of whom only 687 who are accredited.
Last year I reported that they estimated that this number was around 800 accredited family mediators – so this means that there has been a reduction.
This means that there are only 687 mediators who are able to sign off Family Court Application Forms after a Mediation Information and Assessment Meeting.
To put that in context; Resolution has some 6000 members – some 160 odd are based in Devon, but there are many more solicitors and ,legal executives and paralegals working in the world of family law who are not resolution members.
The number of accredited mediators is small and pitifully small in comparison to the numbers of lawyers and non-lawyers who have completed mediation training courses over the last 20 years. I would estimate that 000’s have trained as mediators, but have never found enough work to gain accreditation, let alone be able to make a living.
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At the end of a successful financial mediation the mediator will prepare a document called the Memorandum of Understanding, which sets out the parties proposals for a financial settlement. At this stage the proposals are not a binding agreement. In order to turn the proposals within the Memorandum of Understanding into a binding agreement, the couple need to instruct solicitors.
Each party will have their own solicitor. One of the solicitors will draft a Financial Consent Order. They will also prepare the other paperwork which needs to be sent to the court at the same time. There is a joint summary of financial information. This is to give the Judge sufficient information to decide whether the contents of the financial consent order are reasonable. The making of a financial order is a judicial discretion. If the Judge is not satisfied that the proposed Order is sufficiently fair, the judge will reject it. Sometimes the judge will ask for more information before deciding to approve or reject a draft Consent Order.
Each of the couple will also send to the court a formal application for financial relief – so that the various claims can be dismissed as part of a clean break.
The party whose solicitor does not prepare the draft order would normally instruct their own solicitor to advise them on the contents of the draft order, before the paperwork is sent to the Judge.
This process this process does mean that there is a degree of duplication of work. When the mediator prepares the Memorandum of Understanding, this can be an involved piece of drafting which can take as much time as it takes to draft a financial consent order.
Mediation is a good choice for separating couples who are able to enter into sensible negotiation and who want to limit the overall cost of their divorce. Obtaining independent legal advice in support of the mediation process – as necessary, is also essential to enable the couple to make informed choices.
I am a mediator who is also a divorce solicitor. I regularly get requests from the parties in mediation, who do not wish to take legal advice or instruct separate solicitors to draft a court order reflecting the agreement they have reached as a consequence of mediation.
The Solicitors Regulation Authority have issued guidance on the circumstances in which I can accept instructions as a solicitor from both parties to prepare a draft Financial Consent Order, after a successful mediation.
The Solicitors Regulation Authority Advise that I am able to do by way of a new restricted/limited retainer once the mediation retainer is complete (more…)
This week is Resolutions annual Dispute Resolution Week. The idea is to raise awareness of constructive ways of dealing with divorce and other family disputes.
I am a big supporter of the aims of Dispute Resolution Week. I am Chair of the Devon Region of Resolution. I have been on the Devon Committee for over 10 years and a Resolution member for around 20 years. I was one of the first Family Mediators trained by Resolution in 1996 and I am was also an early adopter of Collaborative Family Law.
We are not doing anything in Devon this year as we have other things in the pipeline for 2016, but those of us who are members encourage anyone with an interest to read the research commissioned by Resolution for Dispute Resolution Week and to watch the new video (embedded in this post)
Here is a summary of the research
New polling has found that around eight out of ten children and young people with experience of parental separation or divorce would prefer their parents to split up if they are unhappy, rather than stay together. (more…)
In the last of months I have successfully mediated a couple of cases where the answer to this was starkly illustrated.
In the first case, the couple had instructed solicitors from London and the South East. The couple had assets of several million pounds, including a number of properties and other investments. In less than 12 months they had between them accumulated legal costs exceeding £20,000.
In the second case, the couple had significantly less resources, but in a period of six years since separating they had accumulated between them legal costs of in excess of £25,000.
No financial agreement had been reached in either case. No applications had been made to the Court asking for a Financial Orders either. There had been a lot of letters written. Financial documents had been exchanged and in one case there had been a meeting between each client with their Solicitors; but no agreement.
As a solicitor, my philosophy is always to explore whether a case can be resolved quickly and amicably. If this is not possible then an application should be made to the Court. Negotiations can continue, but if there is no agreement, the Court will make a decision. I seek to avoid drift. When the final agreement/order is achieved there is finality and the costs stop.
But Mediation is quicker than a Court process. In the above mediation cases we found a solution to all outstanding issues in two and three joint meetings. All four of my clients were very pleased with the outcomes and these were completed for a fraction of the costs they had already incurred, and for a fraction of their likely costs should be cases have proceeded to Court. (more…)
On 20 August 2014 the government published a document called “A brighter future for Family Justice”
This describes itself as “a round up of what’s happened since the Family Justice Review”
Here is a link to the full document which can be downloaded from the government website. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/346005/family-justice-review-update.pdf
There is not a lot that is new in this document, the publication of which, coincided with an announcement by the Minister Simon Hughes to make the first actual mediation session free of charge to both parties provided that one of them could prove they were eligible to receive legal aid. I published a post about that announcement yesterday which included a link to the relevant press release.
Amongst the data contained within the first part of “A brighter future for Family Justice” were statistics showing that real progress was being made in completing childcare cases if possible/normally/(unless there is an exceptional reason why not) within a 26 week period.
These type of cases routinely used to take over a year to complete. (more…)
Below is our forthcoming article in East Devon’s Midweek Herald Newspaper. I like the Midweek Herald which covers Honiton, Axminster, Seaton, Ottery St Mary, Beer and Sidmouth. I have been a regular reader since we moved to East Devon 15 years ago. I have reproduced the article in full.
April 2014 has seen big changes in how disputes between separating partners and about children should be dealt with. These include the introduction of a Unified Family Court; the abolition of Residence and Contact Orders (Child Arrangements Orders instead) and a greater expectation that couples should resolve their disputes out of Court with the assistance of a professional mediator.
It is now a Legal requirement that (more…)
When I switched on the radio this morning it was a pleasure to hear that the main headline on Radio Four was the arrival today of the Family Court. On Radio Five Live this momentous event was the second headline, behind speculation about David Moyes and Manchester United Football Club. Does speculation count as news these days?
The arrival of the Family Court, and other associated reforms, are a genuinely big deal.
As you know I am both a experienced and specialist Family Law Solicitor and an experienced Family Mediator. I have long advocated a greater use of mediation by separating couples or by parents when they encounter difficulties in the months and years after relationship breakdown. The use of mediation, in the right way, at the right time, can save each of the couple both a lot of money and a lot of stress. Where there are children, they are also saved from having to put up with seemingly never-ending conflict, anger and resentment between their parents. I routinely refer my legal clients to mediation and support them through the process, and the system to make the best use of family mediation. (more…)
