April 30, 2013

Changes to Family Court reform welcomed—but more urged

The country’s leading agency for professional mediators has welcomed the government’s recently announced modifications to the imminent reform for the Family Court.

In a statement, Justice Minister Judith Collins this month said that the government had made a number of changes.

These included providing up to four hours of legal support for parents who meet the legal aid threshold prior to court, along with three hours of preparatory counselling to help parents make the most of new Family Dispute Resolution system.

Judges will also be able to refer parties back to the new dispute resolution system if it is likely to help resolve the case. They may also allow lawyers to participate earlier in the court process if this is likely to make for a more positive outcome.

The Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) this week said that it had lobbied for the same improvements.

“Getting these areas right is crucial to the success of the new scheme,” said the Institute’s executive director, Deborah Hart.

“We know that counselling and legal advice will be essential preparatory steps for some people going through the turbulence of a relationship breakdown.”

The Institute, which as well as representing mediators has an ongoing involvement with their certification, has said the next step will be to ensure that all mediators involved are professionally qualified.

This would include a mandatory requirement for mediators to have relevant expertise in areas such as family violence, tikanga Maori and how the child’s views are included in the mediation.

“The government has promised a new system that protects vulnerable people, provides fast and efficient resolution of private disputes, and puts the needs of children first,” Ms Hart said.

“A vital part of that will be in ensuring that everybody is confident that the mediators involved are up to the job.”

ENDS

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