Knowledge and resources

This annual workshop was a perfect opportunity to step back and think about the ways and methods of accreditating family law mediators. Ian Walker reports for The Review.

This was the main question which arose for determination in H v W [2019] EWHC 1897 (Fam), in which deputy High Court judge Clare Ambrose carried out a detailed analysis of the scope of s57 of the Arbitration Act 1996, in the context of a financial arbitration under the IFLA scheme.

The new 160-page guide to pensions on divorce is “a stiff read”, but given the expertise of its authors, it should be mandatory reading for family practitioners. Mark Penston reports on it for The Review.

Universal credit has been on the cards for what seems like years now, but its malign effects are starting to show up in cases. Anita Mehta looks at this for The Review.

Nicki Norman, Acting co-chief executive of Women’s Aid, reports for The Review on how Women’s Aid has been campaigning for safety first policies and measures in the family courts.

The FPRC want views from practitioners on whether Calderbank offers should be admissible in considering conduct for the purposes of r28.3 FPR. The deadline for responding is 31 October 2019. So what are the pros and cons?

As with most things in life, there are positives and negatives of McKenzie Friends, as personal experience and the case law show.

Whilst studying at law school, I volunteered for the National Centre for Domestic Violence (NCDV) as a McKenzie Friend, assisting victims of domestic abuse in obtaining non-molestation and occupation orders in the courts. This gave me a personal insight into how the work of McKenzie Friends can be invaluable.

Feedback on the Judicial Executive Board’s consultation on McKenzie Friends shows there is still a broad range of views on the current position and possible changes. So what are the ground rules?

Are you ready for the new SRA standards, regulations and guidance? They provide more flexibility than before, but that doesn’t mean they are less onerous.

Lady Hale’s speech on “What is a 21st century family” is a must read for any family practitioner. It provides a thorough summary of how the law has treated the concept of a “family” over the past 50 years and, by doing so, points forward to how it may develop. In this article for The Review Bethan Carr breaks down Lady Hale's speech.

This response has been prepared by members of Resolution’s Children and Legal Aid Committees made up of local authority lawyers, lawyers acting for parents and those acting for children on a day to day basis. 

In this article on collaborative practice for The Review Brian Cantwell and Mary Shaw talk about how working together with families can lighten the load – for everyone

The Consumer Rights Act 2015 has now come into force.

All mediators must be aware of the requirements of the new legislation as it sets out requirements for all traders and service providers. It covers all aspects of consumer rights and the responsibilities of traders and service providers. This includes, for example, unfair terms and cancellation fees. Mediators must comply with the legislation as it applies to all traders and service providers who charge a fee for their services.

The purpose of this document is to highlight the key Mediation claiming issues that continue to be identified by the LAA. By being aware of these issues a more focused approach can be adopted, so that Providers are more able to submit accurate claims. It should also be noted that these areas will be specifically scrutinised by the LAA during any future visits or audits.

A review of the Child Arrangements Programme PD 12B: Report to the President of the Family Division by the Private Law Working Group

This video was recorded in June 2019 and is presented by Robyn Bradey (expert social worker based in Sydney, Australia).

In this podcast, Tom Farrell and Mike Caffyn discuss what makes family law a distinctive and compelling area to work in for financial advisers, and how getting Resolution's specialist accreditation can help develop your career.

What follows is a selection of comments made to practitioners and potential responses. These are not 'scripts' but ideas as it is also important that you say things in a way that is authentic to your speech and therefore for anyone you are speaking to.

Resolution members are all committed to working in a conciliatory way and adhering to the Code of Practice. This means that you should ensure that even when you are faced with a complaint (and possibly a very angry person), that your commitment does not vary from your normal professional approach.

This is the landing page for all resources for our mediator members. Here you can download all of your mediation documents.