Oral Answers to Questions

Debate between Simon Hughes and Peter Aldous

Tuesday 16th December 2014 Commons Chamber

[Simon Hughes]

In the summer I made a clear commitment to make sure that the voice of children and young people is always heard, not just in the courts but in mediation too. The advisory group is due to make recommendations about best practice in February next year—in two months’ time. I am clearly of the view that the voice of children and young people must be heard in every single case where there is family breakdown so that their needs are taken into account and not just the needs of the parents.

[Peter Aldous (Waveney) (Con)]

22. Two cases have recently been referred to me where mediation has been used to review court orders for child custody arrangements. In both cases, one of the parties refused to co-operate and did not turn up to the mediation sessions. Will the Minister consider imposing penalties for such behaviour so that mediation can play a full role in settling such disputes without recourse to expensive legal proceedings?

[Simon Hughes]

I am sympathetic to the hon. Gentleman’s question, but the honest answer is no, because mediation requires both parties to agree, and it has to be a voluntary process. When people have a breakdown of a relationship, there is often anger and frustration at the beginning, but if they can get over that, it is far better for them to agree a solution with the other party than to go to court, where they may get something that neither party wants or something that they themselves might not be happy with.

Oral Answers to Questions

Debate between Simon Hughes and Peter Aldous

Tuesday 1st July 2014 Commons Chamber

[Peter Aldous (Waveney) (Con)]

18. What steps his Department is taking to encourage use of mediation so that going to court is a last resort.

[The Minister of State, Ministry of Justice (Simon Hughes)]

This April, a statutory obligation was introduced for separating couples to consider mediation when there are children or family implications. Obviously, they do not have to go through with mediation, but it must be considered, and is supported by legal aid. Last week Sir David Norgrove produced a report for me, which I commend to my hon. Friend. It suggests that we could significantly increase the number of disputes that go to mediation—currently, about 30% go to court—and that 30% could probably be resolved by mediation in the future.

[Peter Aldous]

Court orders for access arrangements for young children are a snapshot of the circumstances prevailing at a particular time, but such circumstances change rapidly as children grow up and their parents’ relationships and personal situations change. As a return to court to vary a court order can be harrowing, divisive and costly, will the Minister assure me that the Government will redouble their efforts to make mediation a meaningful alternative?

[Simon Hughes]

We are doing absolutely all we can to do that. We have consulted with the mediation industry and done publicity locally and regionally. The Government have an obligation to ensure that, whenever possible, disputes do not take place in public, as that exposes the private lives of families and children in particular. We believe that we can significantly reduce, down to 5%, the number of cases that go to court, and significantly increase—up to 30%, we hope—the number of cases resolved by mediation. We will do absolutely everything we can, and I am sure that we will see progress over the months ahead.