Changing Practices For Changing Times 21 June 2012

1. Changing Practices For Changing Times 21 June 2012

2. Diversify and Thrive: Mediation Practice Development Changing Practices for Changing Times University of London, 21 June 2012 Steve Kirwan, Nowell Meller Solicitors

3. Outline of my presentation • Introduction • Who are we? • Context • Strategy • Practical Delivery • Conclusion

4. Who are we? • Nowell Meller Solicitors – a regional law firm based in North Staffordshire/ Stoke on Trent. Unless you are from the Midlands, you’ve probably not heard of us. • The Mediation Centre (TMC) – a national mediation service based in the Midlands. You’ve probably heard of us.

6. Part 1 – Context (Why?) • What are the biggest threats facing (traditional) family lawyers? • Changes to public funding – reduction in scope of private legal aid • New (better?) competitors e.g. Co-operative Legal Services • New technologies - De-skilling and increasing commoditisation e.g. Wikivorce.com • Our attitude – too expensive, too insular, too stuck in our ways and too inflexible

7. Part 1 – Context • What are the biggest opportunities? • New markets – deregulation is likely to increase the size of the legal services market • Greater demand for affordable fixed price and lower-risk services – if we do not design and deliver these, then someone else will do so • Tailored advice – still a need for personal services based on perceived value • Much greater support for dispute resolution – real alternatives to court-based litigation

8. Part 1 – Context • What will family legal services look like in the future? • A lot less traditional law firms (20%+ less?) • A lot less traditional family lawyers • A lot more Self-Represented Clients (LIP’s) • A new breed of Dispute Resolution Professional? • (with acknowledgements to the Standards Committee Workshop on “The Future of Family Law Services” Leeds, 23 March 2012)

9. Growing support for mediation • Family Law Act 1996 Part II • Access to Justice Act 1999 • FPR 2010 Part 3 and the Pre-Action Protocol • April 2011 compulsory assessment for mediation • November 2011 Family Justice Review Final Report – key practitioners? • Govt. estimate 70% increase in mediations to come because of LASPO changes

10. MIAMs – our members said • Survey reported in May/June issue of The Review • 78% said that courts made no enquiry into DR • 76% said that clients had not attended a MIAM and proceedings were issued without an FM1 • One-third said they had referred at least 90% of applicants to a MIAM • One-fifth said they had referred less than 10% of applicants to a MIAM

11. MIAMs – our members said • Comments on MIAMs: • The scheme is causing delay • Screening for mediation suitability is a lawyer’s job • It is an unnecessary hurdle • Practice is inconsistent – they are not supported or valued by the courts • It is too late in the day for mediation • It is too expensive • Some applicants are manipulating the process

12. Pressure for change • Keynote speech of The President at National Conference – apologies that MIAMs not working as they should in certain parts of the country • Jackson LJ calls for a “serious campaign” to teach lawyers and judges the benefits of mediation to settle disputes (LSG 15 March 2012) • Beverley Sayers presentation to Resolution’s National Conference in March 2012 – “ADR – threat or opportunity?”

13. Final Report of FJR – Paras 4.94+ • Mediators as key practitioners moving from information hub through working in partnership with lawyers, PIPs providers and others • Not yet clear what the Review had in mind – active case-management or general hand-holding? • Need for further dialogue and pilot schemes • An opportunity to change the culture – with couples focusing on the interests they share rather than on those that divide them

14. From this:-

15. To this:-

16. Winds of change • “The pessimist complains about the wind; • the optimist expects it to change; • the realist adjusts the sails.” • William Arthur Ward

17. Part 2 - Strategy

18. Part 2 – Strategy (What?) • Faced with an inevitable decline in traditional family practice, how can we respond? • Limited options • Down-size (again) • Embrace change – find a new way of delivering existing services to existing and new clients (e.g. fixed price, packaged, unbundled) • Embrace change – find new services to deliver (e.g. full range of dispute resolution, counselling, etc.)

19. Could you become a mediator? • Training options – suitability to be a mediator • Foundation Training Course • Recognition to carry out MIAMs • Assessment as competent by the LSC • Annual CPD • Need for on-going supervision and professional practice consultant (PPC) • Time-scale?

20. Could you bid for an LSC contract? • New bid round • PQQ by 18 June 2012 • Non-competitive • Three stages: • PQQ • Application for MQM and pass desk-top audit • Reply to ITT in October 2012 (for December 2012) or January 2013 (for March 2013) • NB. Requirements to enable you to reply to ITT

21. Part 3 - Practical delivery

22. Part 3 – Practical Delivery (How?) • Commitment to Quality - Effective systems and procedures based around the requirements of the MQM • Staff in place – administration, mediator(s) and supervisor (PPC) • Facilities – e.g. separate waiting rooms, second mediation room • Finances – properly costed and realistic planning

23. Part 3 – Practical Delivery (How?) • Properly resourced and trained administration team • User-friendly referral procedures • Effective management and supervision • You need to communicate your vision – possible referrers, local community, courts, the public • Build local networks

27. 2012 – The End of the World? • The end date of the Mesoamerican (Mayan) Long Count Calendar – 21 December 2012

28. 2012 – The End of the World? • The end date of the Mesoamerican (Mayan) Long Count Calendar – 21 December 2012 Where are we?

29. 2012 – The End of the World? • The end date of the Mesoamerican (Mayan) Long Count Calendar – 21 December 2012 Where are we? The beginning of the apocalypse?

30. 2012 – The End of the World? • The end date of the Mesoamerican (Mayan) Long Count Calendar – 21 December 2012 Where are we? The beginning of the apocalypse? OR A positive transformation marking the beginning of a new era?

31. Final thought (the bit at the end) • “It is not the strongest of the species that survive, nor the most intelligent, but the ones most responsive to change.” • Charles Darwin

32. Steve KirwanManaging Directorsteve@nowellmeller.co.ukDDI: 01785 273141@SPKirwanSol

33. Changing Practices For Changing Times 21 June 2012

34. Thank you and safe journey home