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Mediation/legal aid?

  • brokeandexhausted
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12 Dec 07 #8893 by brokeandexhausted
Topic started by brokeandexhausted
I read somewhere on here that if you are on legal aid you HAVE to go to mediation.
Is that so?
My STBX is on legal aid. mediation has never been an option. His sol is making us jump thru hoops and we still have no clear idea of what he wants - except that it is a lot more than I have!

  • TMax
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12 Dec 07 #8895 by TMax
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my X has legal aid and I came onto it after I had my stroke but yes we had to go to mediation to get legal, only when it broke down were we able to carry on with divorce.

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12 Dec 07 #8896 by brokeandexhausted
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I wonder if that only applies when both of you are on legal aid.
I am paying my way (ouch!) but he is on LA. In a recent meeting with him I suggested a round table chat with sols present if need be. He seemed OK with that but nothing has come of it. mediation has never been offered as an option by my sols - they put case into court after months of delays in getting form E from him.
Umm. Shd I just stop everything in its tracks and suggest mediation now? FDR is due nxt month but I think we are a long way apart on ancillary relief.

  • scottishlady
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12 Dec 07 #8897 by scottishlady
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I too, am in receipt of 'legal aid'..... however, I do NOT have to attend mediation with my STBX as we both live farther than 40 or 45 miles from a mediation centre...
I was also under the impression that mediation was compulsory if one was receiving 'legal aid'.... but it seems not to be quite the case...

SL:)

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12 Dec 07 #8898 by TMax
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"I wonder if that only applies when both of you are on legal aid."

Im not too sure its possible I suppose, but I would of thought it would of been been suggested on here quite a bit. peraps somone will know for sure

  • attilladahun
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26 Dec 07 #9559 by attilladahun
Reply from attilladahun
I read somewhere on here that if you are on legal aid you HAVE to go to mediation.
Is that so?

[Not quite right...The Community Legal Service expects parties to go through the mediation process but the mediator can fill in a form to say on the facts of the case mediation is not appropriate. eg if there is or has been violence in the marriage it clearly would be unreasonable to expect mediation

The authorities would still expect the applicant for legal aid to attend a meeting with the mediator

If the other party fails to respond to the mediators communication and/or refuses to attend mediation the mediator fills in the form which has to be submitted when legal aid is then applied for.

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26 Dec 07 #9560 by attilladahun
Reply from attilladahun
mediation has never been an option. His sol is making us jump thru hoops and we still have no clear idea of what he wants - except that it is a lot more than I have!

Well suggest the parties attend now-if O/S refuses make representations to Community Legal Service -they will probably consider ceasing to provide continuing legal aid

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