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OFM has a contract with the Legal Services
Commission (LSC) to provide
mediation for people who meet the following eligibility criteria:
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You are in receipt of Income Support or
Jobseekers allowance, and can show
evidence of this.
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You have capital and income that are below
the limits set out by the LSC.
These will be explained to you by a mediator.
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If you qualify for free mediation the
cost does not have to be repaid at any time
in the future, unlike the Statutory Charge which may apply to public funding for
legal advice. Additionally, free mediation does not ‘use up’ any Public Funding
for work done by your solicitor.
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Under the Family Law Act 1996 people seeking
funding for matters relating to
separation or divorce are normally required to meet with a mediator to obtain
information about mediation. Where children are involved this applies whether
you are or have been married or not. It is not intended that people should be
forced to use mediation, but that they should make an informed choice. If you
are not sure whether your ex- partner will wish to use mediation the service will
write to that person to ascertain if they are willing before you are seen.
However, you may choose to come for an individual session here anyway.
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At your first session with a mediator
you will be assessed for eligibility for
public funding. You will need to bring your National Insurance number and
evidence of your income. All income from whatever source (including a new
partner if he or she is living with you) is added together, and then certain
‘allowances’ (such as allowances for children, maintenance payments being
made and housing costs) are deducted to arrive at a figure which – if below
the LSC limits – will qualify you for free mediation. (Your ex-partner’s income
will not be added to your income, even if you are still living together. The period
over which income is measured is the calendar month up to the assessment
interview. If your income is variable and goes up after the interview this does
not make any difference to your eligibility, unless the calculation was incorrect
in the first place. If your income goes down after the interview then you can be
reassessed. Capital is also relevant. However, if the division of capital is to be
discussed as part of the mediation then it will be discounted (unless you are
unmarried and have no children).
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1. What our Clients Say
