Monthly Archives: July 2015
In many instances, mediation is an excellent way to resolve a difficult family or civil matter. However, there are moments when, while both parties are open to mediation, they aren’t comfortable being in the same room. For these situations, shuttle mediation can be an effective solution.
What Is Shuttle Mediation?
Shuttle mediation is when a mediator works with two parties to resolve a matter, as an alternative to court, but they don’t sit in the same room together. Instead, they are physically separate and the mediator “shuttles” back and forth between them to discuss the issues at hand.
In this setting, the parties will speak directly only to the mediator, who will relay each person’s wishes and concerns to the other and report the response. This will enable them to define issues and enable possible solutions.
When Is It A Good Ide…
In Re K-H (Children)  EWCA Civ 543 the Court of Appeal allowed an appeal by the Lord Chancellor against an order that HMCTS should fund a father’s costs of a legally qualified advocate to cross-examine his daughter on his behalf. Judgment was given on May 22nd 2015 and the decision is reported in The Times of June 22nd 2015 under the heading ‘Legal Aid limited by statute’.
The decision makes for interesting reading. The father was unrepresented and the proceedings in the Family Court concerned arrangements for the father to spend time with his children. An older daughter (Y) of the mother alleged she had been sexually abused by the father.
Y was to give evidence with the consequent potential for i) the father to cross-examine her and ii) the Judge putting questions to Y to test her allegations. The Court determined that HMCTS shoul…