Are you missing out on free mediation?
Over the last few months I and my fellow mediators at Compass Resolution family mediation service have helped a number of separating couples who have been told by other mediation organisations that they do not qualify for legal aid when, in fact, they did.
In one instance they were told that because they own their own home, albeit that there was only £40,000 equity in it!, they did not qualify for legal aid.
In another instance, a mother was told that she would not qualify for legal aid because she receives child benefit!
Of course, the unsuspecting public rely on the mediator to give them accurate information and properly assess whether or not they qualify for legal aid. It seems to me that, what is happening is that some mediators who do not have a legal aid contract and are therefore not able to offer the public the benefit of legal aid, are finding ways around this problem.
At best, it is simply the case that these family mediators are not fully conversant with the fairly complicated legal aid assessment criteria or, at worst, misleading members of the public about their entitlement to legal aid, because the mediators want the work. I like to think that it is the former.
All our mediators, at Compass Resolution, believe that every member of the public is entitled to a proper and thorough legal aid assessment by a mediator whether that mediator can offer legal aid or not, because this can make the difference to the client receiving free mediation or spending many £100’s when they don’t need to
Perhaps more importantly, it could mean the difference between the couple ending up in court representing themselves because they believe they cannot afford mediation rather than in mediation where will be focusing on how they can reach solutions together and improve their communication.
My own belief is that if a family mediator knowingly gives false information to a member of the public about their likely entitlement to legal aid or lack of entitlement, they are responsible for depriving that person of an extremely valuable opportunity which could have long lasting consequences on that person’s life. It would be incredibly irresponsible.
If that person chooses and pays for the mediator because they are not aware of their entitlement to legal aid and because the mediator knowingly misleads the person, I believe that this is fraudulent behaviour and needs to be stamped out.
I hope and believe that in most cases it is simply a matter of these mediators not being conversant with the legal aid assessment criteria, because it is a very complex calculation with many idiosyncrasies, rather than intentionally depriving their clients of the opportunity to benefit from free legal aid.
Having said this, I also believe that if a family mediator without a legal aid contract, is unsure of whether a person is entitled to legal aid for mediation, they ought to refer that person to another mediator who can carry out a proper legal aid eligibility assessment and offer legal aid, if appropriate.
Of course, members of the public also have a responsibility, to research the market properly and carry out their own legal aid calculation, using the online calculator which, although far from ideal, gives a broad indication of legal aid eligibility.
It is a confusing marketplace out there so, if you are a family mediator please do what is right for the clients and if you are a separating couple please do your research properly and do not totally rely on the mediator!
Good luck