This Part considers the role of legal aid in relation to mediation mainly with reference to family law. It is beyond the scope of this consultation paper to consider the need for a national family mediation service. The paper does, however, propose some ways in which mediation could be given a recognised role through legal aid. Types of mediation 5.2 There are 2 main types of mediation on family matters - regarding children and regarding financial or other property matters. FMS mainly offer services regarding children but an increasing number of local services offer mediation on financial or property matters as well.
CALM offer all-issues mediation.
Expenditure pattern 5.3 About half of civil legal assistance expenditure is on family disputes of various kinds, the two largest categories financially being divorce on grounds other than separation, and issues relating to parental responsibilities and rights. The dominance of family actions in terms of civil legal aid expenditure is more marked in the analysis of accounts paid in the sheriff courts because the bulk of such business is conducted in the sheriff court. This fact combined with the existence of family mediation services suggests that this is the priority area for considering the relationship of mediation and legal aid. The 1995 Act seeks to change the adversarial culture surrounding separation and divorce so far as children are concerned. It sets out the responsibilities and rights of parents with respect to children, including a responsibility on each parent to maintain the child's contact with the other parent and a right for each parent to have contact with the child.