Great post by Rosanne and a very pertinent discussion you’ve raised Abbey.
MIAMs have failed down South by and large because of the legal aid funding difficulties, lack of public awareness, and the ease by which they can be circumvented by parties itching to get their day in court.
Unfortunately we’re faced with a culturally rooted and deeply entrenched system of civil justice in Scotland, where the general understanding is that family disputes should be litigated rather than discussed. We’re fighting each and every day to change that acceptance, and that fight will only begin having an effect when the government mandates that both parties must attend information meetings ahead of certain family cases, with exceptions being only genuine cases where the mediator signing the relevant form deems it inappropriate.
This, coupled with excellent innovations like the SCCR going into schools and mediation becoming as compulsory in law degrees as advocating skills, will make a huge inroad towards the goal of constructive discussion becoming the primary form of family conflict resolution in Scotland.
It’ll be a long road, but my engine’s revved!