With regard to which evidence is needed to prove eligibility for legal, I can only recommend that the mediator pays close attention to the Legal Aid Agency Guidance provided and focus particular attention on the month up to the date of the Intake/assessment meeting.

Some of the more tricky areas concern the self employed. I see many small business owners who say that they have not taken any drawings for the month leading up to the signing of the Means7 legal aid form. What can you do?

Well, the LAA will want to see the most recent business accounts which may well be a year old (preceding year basis). The net profit figure on the profit and loss accounts is effectively irrelevant for legal aid purposes. They will want to know what the person drew from the business to live on during the  month up to the date of the mediation intake meeting.

If, as is so often the case, the person uses one account for business and personal expenditure, I ask them to take me through the bank statement for the month in question indicating which items are personal and which are business expenditure. I add up the personal expenditure and this is the drawings figure for the month.

The legal aid agency want to see that the mediator has asked the right questions and done their best to get hold of sufficient documentary evidence before paying the mediator so again, the mediator must hold the client accountable or risk doing the work for free and the client must understand this.

I would recommend that every mediator becomes very familiar with the LAA Guidance.

The other area is income that the mediator can disregard and there is a list in the Guidance.

Well, until my next audit, I and my colleagues will do our best to help and support our clients but will expect them to help themselves and provide the documents asked for. I send every client a check/tick list of documents to prove eligibility for legal aid. They simply need to go through it if they want mediation to be free. They could save themselves £100s if not £1000s of pounds.