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The role of lawyers in mediation: whose child is it anyway?

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06 August 2021 / Bryan Clark
Issue: 7944 / Categories: Features , Procedure & practice , Mediation , ADR
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Post-Kumar, Bryan Clark considers the use of legal representation within mediation when individuals are pitted against institutions
  • The right of a parent in to be represented in an additional support needs mediation by a lawyer under the Children and Families Act.
  • Pros and cons of involving lawyers in mediation.

The case of Kumar v London Borough of Hillingdon [2020] EWHC 3326 (admin), [2020] All ER (D) 34 (Dec) entailed a judicial review brought by Kumar against her local authority. The matter at hand concerned the use of mediation in the Special Education Needs (SEN) context under the Children and Families Act 2014 (CFA 2014). The particular issue in question was whether the local authority had acted lawfully in refusing Kumar’s request to be represented in the mediation by a solicitor. While this case represents an interesting exercise in statutory interpretation it also holds a wider resonance about the utility of legal representation within mediation.

Facts of the case

Kumar’s son, a child

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