MEDIATION REQUIRED FOR CHILD PROTECTION

[Alison J Stevens]

http://news.smh.com.au/breaking-news-national/mediation-mooted-for-...,

I can see how this can work in Private law cases, with parents that are
amicable and even if parents are alienated against one another, mediation would
help to prevent long drawn out family court hearings and the legal expenses
caused.

Many private law cases that PAIN have been involved in have seen some parents going through thousands of pounds in legal fees, one father for example has got through £30, 000 to try and
get some contact with his Daughter.
The scrapping of Legal Aid for private law cases is a major concern, especially
for parents that do not manage to sort their affairs out amicably, the private
law guidelines are very diverse and if the individual has learning
difficulties, the legal process will be to much to much for them to deal with. Good
Mackenzie Friends are few in numbers; I really worry about my clients in
their call for justice, under the private law sector.
Public law cases, would gain an advantage in this case by mediating with
child protection agencies, helping their service users, supporting them to make
changes in their lives, avoid emergency protection orders, care proceedings
being instigated and preventing lengthy family court hearings all requiring
Guardians and the input of all expert witnesses, saving millions of pounds.
But the phenomena is going to be unworkable in my opinion at present with
regards to public law cases, due to the hysteria, of the baby Peter scenario and
Social Services attitude dammed if we do and dammed if we don't ethos.
The family courts in the UK
are in meltdown due to the alarmingly high increase in the instigation of care
proceedings, in some parts of the Country, the former has risen by as much as
75%, with a long waiting list for Guardians to be appointed to cases. In the
short term the above recommendations will not work regarding public law cases,
in the long term, we will just have to wait, but under the present climate of
children being removed from parents with very little or no evidence, to support
Social work practice, I hold out very little hope for the family justice system
in general.

Value-Mediation.