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Legal aid ending in April... to mediate first or not?

(6 Posts)
MovingOnUpNow Thu 10-Jan-13 02:22:55

Hi there, this is just my second thread here, and I'm really grateful for the excellent advice I received last time. Back story, separated from verbally abusive, controlling ex partner (unmarried) we have a child who's almost two. I am trying to push forward a schedule 1 claim, for a lump sum to put towards property for the benefit of child until he's 18. Ex very hard to reason with, manipulative bully etc. As I'm applying for legal aid, I have to see a Mediator. Have had this first session. Essentially, as there is such a tight time frame for receiving legal aid for this area of law, should I continue to try with mediation as available appointment is not until end of January? Or just push on to try to get legal aid for court proceedings ASAP. Any advice would be really welcome. Thank you for reading this far!

MooseBeTimeForCoffee Thu 10-Jan-13 02:45:15

As far as I understand it, you will need to continue with mediation unless the matter is deemed unsuitable, he won't attend or it becomes clear mediation isn't going to settle it. I don't think you'll be granted legal aid if you're the one that refuses to participate IYSWIM.

Collaborate Thu 10-Jan-13 06:58:42

You can apply for a certificate any time before the end of march, go to the meeting but get your paperwork ready to apply for LA at short notice, you can tell the mediator you want to stop it and they'll deem the case unsuitable. It's entirely voluntary in that sense.

MovingOnUpNow Thu 10-Jan-13 13:15:45

Thank you coffee and collaborate. Collaborate, do you happen to know if the legal aid application date is classed as when the application is received, or when it is processed? My solicitor is trying to find this out at the moment, but we don't know as yet.
Also does anyone know/have experience of mediating with a controlling type of ex, does it/did it work? Thank you again.

Collaborate Thu 10-Jan-13 13:45:13

I'd be surprised if it isn't on an "as received" basis.

MovingOnUpNow Thu 10-Jan-13 15:10:21

Thanks collaborate

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