In the latest Today’s Family Lawyer Podcast host David Opie discusses the role of intermediaries in the justice system with Lucy Osmond, Lead Practitioner at Communicourt.

With over a decade of experience in facilitated communication, Osmond sheds light on the essential work Communicourt does in supporting HMCTS and ensuring that all court users can effectively engage with proceedings.

Communicourt provides impartial communication specialists who bridge the gap between court users and legal professionals. Their role is to ensure that individuals, particularly those identified as vulnerable - whether due to age, specific conditions, cognitive or neurodivergent needs, anxiety, or depression - can fully participate in their hearings. Importantly, a formal diagnosis is not required for an intermediary to be appointed; referrals can be made by solicitors when communication barriers are identified.

In family courts, intermediaries assist in standalone conferences, helping individuals understand proceedings, the roles of those involved, and the various stages of a case. Their support is highly tailored to each person’s needs, ensuring that they comprehend the questions they are asked and can respond effectively. As Osmond highlighted, there is no one-size-fits-all approach; intermediaries adapt their strategies dynamically throughout proceedings to provide bespoke, effective support.

A significant concern Osmond raised is the decline in referrals for intermediaries, despite their proven ability to improve access to justice. Many applications for intermediary support are made late in proceedings, often after key decisions have already been made. Early involvement, she emphasised, allows for more effective development and better outcomes for court users.

Despite some criticism, intermediaries play a nuanced role beyond simply providing breaks during hearings. Their work often goes unseen, such as monitoring attention levels or supporting individuals with literacy and processing difficulties. They are not legal professionals but highly trained communication specialists who undergo a rigorous training program, ensuring they can quickly build rapport and tailor their approach to each unique case.

This rapport point is important. Could artificial intelligence play a similar role? While valuable, says Osmond, it cannot replace the work of professionals. And to reduce the work of intermediaries to something that can be delivered by AI is to risk dismissing it as a “tick-box exercise. Indeed, Osmond concludes, research suggests their presence can save court time and costs by making proceedings more efficient.

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector.

Launching the latest series of the Today's Family Lawyer Podcast, host David Opie is joined by Head of the Family Department at Chester-based Oliver & Co Solicitors Alex Reagan to discuss the firm's proactive approach to marketing to help build the firm's profile.

Having launched a social media series called Family Fact Friday the firm has been using its presence, alongside other marketing channels, to promote their work and generate new business.

The videos, says Alex, are aimed at de-mystifying family law and helping people feel more comfortable with legal services if they ever need to engage a lawyer. They also introduce potential clients to members of the team and share a little bit about the person behind the video; providing much needed reassurance.

There is, reminds Alex, a balance between providing enough information to help people make an informed decision; and too much information which can overwhelm, or leave the firm in a difficult position when it comes to billing their time. They tackle this as best they can with a free 10 minute consultation (which can often take more than 10 minutes!) and a commitment in the team to set aside time daily to speak with prospective clients and enquiries.

And the firm has engaged extensively with external partners to support their awareness campaigns with relationships established with a local radio station, hospice, the GP surgery; and even creating educational books for children to help them understand what the family might be going through.

The glue that binds much of their activity together is their website which Alex says is informative different. As an employee-owned firm there is a real connection between employees and the business, which is reflected in the many positive comments on the website.

A fascinating take on the here and now, and future of law firm marketing, Alex shares her insight and experience throughout the discussion.

The link to the report into firm's use of social media mentioned in the recording is here:

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector.

Vanda James and Tom Quinn, both partners at Birketts LLP, join the latest Today's Family Lawyer to discuss the current sentiment around alternative and out of court dispute resolution.

Amongst the points up for discussion are

• Does out of court dispute resolution force people down a route that may ultimately end up in a more unfavourable settlement than they would get in court?
• Is the culture of family law changing in such a way that instead of court being the first option, ADR is now the first port of call
• How do we identify opportunities for private FDR
• What should the law commission come back with on their review of financial remedies

Both Tom and Vanda are advocates for out of court dispute resolution and acknowledge that although there are still lawyers out there who relish the adversarial nature of family, in general the culture is changing. Importantly, we are recognising the impact on parents and children, says Vanda, adding she personally finds the process more rewarding than going to court.

The changing culture has accelerated in part due to the impact of the COVID-19 pandemic, suggests Tom, which have exacerbated court delays and the inability to have cases heard.

On Private FDRs both in favour; there is, says Tom, a risk in the courts system the judge has simply not had chance to review the bundle, and/or the hearing is bumped out because of capacity issues.

Vanda agrees; the delays place people's lives on hold for months on end; speed is a huge factor in the success of private FDRs. There is also greater availability to choose the judge; more barristers want to do this work; and fees are coming down to a sensible level so it's more accessible.

The only thing we lose, says Tom, is the 'gravity' of going to court and having to sit in front of a judge; it focuses the mind and there is more pressure on parties to settle... but realistically we have no other option these days because of the delays.

Concluding the discussion Tom and Vanda share their thoughts on what the law commission should propose following their review of financial remedies.

There should be costs consequences for proposals put forward on a without prejudice basis; but on potential proposals to introduce more prescriptive legislation he's wary as the current discretionary process has huge benefits.

On the other hand, says Vanda, clients want and need certainty; the discretionary element is important but we could do more to create greater certainty in the process.

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector.