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Dept for Constitutional Affairs

Answer

Keith Vaz: To ask the Parliamentary Secretary, Department for Constitutional Affairs what the reasons were for the decision not to make negotiation compulsory in disputes between divorced or separated parents. [210230] Mr. Leslie: The Government published "Parental Separation: Children's Needs and Parents' Responsibilities, Next Steps" on 18 January, which sets out plans to implement a range of measures to help separating parents in dispute about future parenting arrangements, reach agreement. The Government's plans include improvements in the information available to parents and greater use of methods such as the Collaborative Law model, mediation, in-court conciliation and the Family Resolutions Pilot Project. The Government intend strongly to promote these methods as better ways to reach agreement than through contested court hearings. All publicly funded clients will have to show that they have considered mediation. Lawyers will not be funded by legal aid if out of court settlement is not reached under the collaborative law scheme. In addition, the Government, senior judiciary and Rules Committee plan to review court rules and practice directions so that the strongest possible encouragement is given to parties to participate in forms of dispute resolution. We do not plan to make these schemes compulsory in every case, as an essential part of the process is that people come to them voluntarily and are therefore willing to participate. Further, in some cases, including those where domestic violence has been an issue, it would not always be appropriate to impose mediation on separating parents.

Secondary information

Type

Written question

Reference

210230; 430 c1607-8W

Session

2004-05

Subjects

Courts Arbitration Civil proceedings Legal profession Legal aid scheme Eligibility Divorce Legal costs Divorce settlements Parents Separation Rules of procedure

Link

View this Written question on www.publications.parliament.uk