Clause 1 - Contact activity directions and conditions
Children and Adoption Bill [Lords]
5:45 pm
Maria Miller (Shadow Minister (Education), Education; Basingstoke, Conservative)
The hon. Gentleman makes an important point. There is a contradiction in terms in that one cannot make mediation compulsory; by definition, mediation requires both parties to be willing to come to the table in a constructive manner. If, as he says, we can make it routine, however, so that it is a generally accepted principle for the operation of the system, that could be an important way forward.
There are other examples of how mediation has created the right atmosphere to produce a good outcome for our children. Florida operates a dual system of parental education classes, supported by intensive contact-focused mediation for less easily resolved cases—again, with much success. The twin approach has been very successful not just in a minority of cases but in those involving serious problems when greater intervention is required.
Given that success, along with that of groups such as Relate and National Family Mediation, we welcome the provisions that move towards the availability of more mediation services, but Conservative Members feel that the Bill has a number of elements—the amendment deals with one of them—that may, perversely, draw people away from the pathway of mediation when they most need it. By removing those elements, the right atmosphere could be created—as the hon. Member for Stafford mentioned—for more routine mediation at the beginning of a court process, or before it is put in place.
New clause 2 provides for parenting time plans to outline the contact orders that the courts are likely to impose should parents be unable to reach agreements themselves. The provision would encourage parents to use mediation services to resolve their disputes amicably and swiftly, and would save people from some of the emotional turmoil, as well as some of the vast sums of money that are spent on litigation and court fees. All of that can only be in children’s best interests, which is what we have focused on throughout the sitting. Parenting time plans help “partners become parents”, a phrase that others have used elsewhere.
Many pressure groups have also mentioned the level of training and expertise that new mediators would need. New clause 13 succinctly addresses that point as well as a number of others relating to the operation of, and training for, the mediation system. Specifically, it provides for mediators to be registered centrally with the president of the family division and for the president to determine their necessary level of training.
I commend amendment No. 1 and new clauses 2 and 13 to the Committee as ways to encourage a better process in the Bill.