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Pilot Scheme on Legal Aid for Mediation in Matrimonial Cases
The pilot scheme was launched on 15 March 2005 to assess the cost-effectiveness and implications of providing legal aid to cover mediation of legally-aided matrimonial cases. Legally aided persons in matrimonial cases will be advised by both Legal Aid Department (LAD) and assigned solicitors of the availability of mediation, which can be initiated before or after the commencement of proceedings. If an aided person is willing to attempt mediation to resolve any issue in dispute with the other party, he will be referred to the Mediation Co-ordinator's Office (MCO) of the Judiciary which will assess whether the case is suitable for mediation. If a case is found to be suitable for mediation, a mediator will be selected from a list of accredited mediators to assist the parties concerned and LAD will pay for the mediator's fees for both the legally aided person and the other party.
The Pilot Scheme ended on 14 March 2006. Data collected at the end of March 2006 showed that aided persons in 189 cases had expressed interest to attempt mediation and were referred to the MCO for follow up. Of these, 68 cases were referred to mediators and 43 cases were still in process. No referral to mediators was made in respect of the remaining 78 cases mainly because opposite parties refused to attend the information session or to mediate, or it subsequently transpired that there was no real issue in dispute between the parties.
Taking into account that a matrimonial case takes about two years to conclude, the Administration aims to conduct an evaluation of the pilot scheme in around mid 2007.
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