Provision and Availability of Mediation

Part of Clause 24 – in the House of Commons at 10:15 pm on 17th June 1996.

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Photo of Miss Janet Fookes Miss Janet Fookes , Plymouth Drake 10:15 pm, 17th June 1996

With this, it will be convenient to discuss the following amendments: No. 111, in page 16, line 1, at end insert— `() that parties participate in mediation only if willing and not influenced by fear of violence or other harm;() that cases where either party may be influenced by fear of violence or other harm are identified as soon as possible;'. No. 112, in page 16, line 4, leave out from beginning to 'and' in line 6.

Government amendment No. 54.

No. 4, in clause 26, page 18, line 14, after `prescribed.', insert— '(3G) Notwithstanding subsection (3F) above, for the purposes of determining whether to grant representation for the purpose of any proceedings, taking proceedings is to be considered, to the extent that the proceedings relate to family matters, as more appropriate than recourse to mediation where harm or ill-treatment is an issue between the parties except where—

  1. (a) a mediator has certified that each party has separately stated a wish to have recourse to mediation; and
  2. (b) the mediator has certified that he has taken all reasonable steps to satisfy himself that each such statement has been made voluntarily.'.