A Quick Guide for Solicitors for Funding Code Referral

WHAT YOU NEED TO DO

• Does the client need to be referred to a mediator? Check the front page of APP7 for quick reference or consult paragraph 20.11 of the Funding Code, Decision Making Guide.
• If a referral is not necessary or desired, complete Sections 1 or 2 of APP7 if applicable and include it with the application for Legal Representation. There is no need to complete the form in the case of: special Children Act proceedings; other public law children cases; domestic violence cases as defined by the Funding Code and emergency applications.

If the client does need to be referred, they only need to attend if the other party has passed the willingness test. The referral process thus normally begins with the carrying out of the willingness test unless it is indicated that the client would first like a meeting with the mediator.

• Inform the client about the mediation process (this can be done by providing a copy of the Guide: How to Begin Mediation).
• Discuss with your client whether they would prefer to see the mediator before the willingness test on the other party to obtain further information regarding mediation.
• Discuss with the client whether, if the other party indicates a willingness, the client would like an individual or joint assessment meeting. (Please note that even with joint meetings, each individual begins by seeing the mediator alone for 10-15 minutes).
• Send, fax or email the completed referral form to the mediator
• At whatever stage the mediator returns the APP7 form, include this with any application for Legal Representation.

(This information aims to comply with Section 20-11 of the Funding Code Guidance).

Complete the referral form. 

WHAT THE MEDIATOR NEEDS TO DO

• Conduct the willingness test on the other party if necessary, first by writing to them and their solicitor if appointed and then with a follow up telephone call if a number is available.
• Arrange an assessment meeting if the other party shows willingness (or if the referred client indicates a wish for an assessment meeting before the willingness test has been undertaken).
• Send both parties an explanatory covering letter confirming the date of the meeting (with enclosures: CLS booklet Family Mediation, a Preliminary Information Form, sample Agreement to Mediate and map).
• Complete the APP7 at whatever stage the assessment/mediation terminates, advise the client to return to their solicitor, and send the APP7 to the solicitor.
• Keep in contact with the solicitors as and when necessary and always at the conclusion of the assessment/mediation process. If appropriate, provide an informal or formal summary of the mediation.

For further information call Caroline Bowden or Kim Beatson on 020 7940 4000 or email Caroline or email Kim.