legal aid or public funding is available for family mediation only
If you are
eligible for Legal Aid your mediation will be totally free, and you will
also receive legal advice from a Solicitor who is part of the Legal Aid Scheme
[now known as Public Funding]. The costs to do not need to be paid back at
a later date – it is an outright gift.
An assessment for legal aid is made on the basis of the income
and capital of your household, but each party to the mediation is assessed separately,
so a husband and wife coming to mediate will each be assessed on their own
incomes and savings. However, if you are living with a new partner [or person
other than the one with whom you will be mediating] their circumstances are
taken into account when assessing legal aid.
If one party is eligible for legal aid and the other is not, then the party
who is not eligible will be required to pay.
If you are in receipt of Income Support, income based Job Seekers
Allowance or Guarantee State Pension Credit, then you will automatically be eligible
for Legal Aid.
Income: If your monthly income [from all sources] is less than £2,435
before deductions, and subject to the level of your savings, we can make
an assessment to see if you are eligible for legal aid to meet the costs
of your mediation.
Capital: If your capital is below £8,000 this is below the threshold
for Legal Aid, and an assessment on your income can be made.
If your capital is above £8,000 but your dispute involves financial
matters, then your capital may be excluded if it is ‘in dispute’.
If your mediation involves children only, then your capital [including equity
in your home over £100,000] will mean that you are above the level
for legal aid and an assessment cannot be made.
If you would like to make your own assessment, then please visit the LSC
website but please appreciate this is a guide only.
Assessing Legal Aid over the phone, or ‘on line’ is difficult, so we offer a free meeting when one of our mediators will explain the mediation process to you, check and see if you are entitled to free mediation so you can decide if mediation is right for you in your current circumstances.
Please contact us on 01202 755900 for an appointment. Our offices are open: