Evaluation of the Lawyer-assisted Family Law Property Mediation: Legal Aid Commission trial
An evaluation of the Legal Aid Commission Trial (LAC Trial) of Lawyer-Assisted Family Law Property Mediation. The objectives were to support separating couples with small value property pools of $500,000 net or less (excluding superannuation), who require legal advice and support to mediate and reach agreement on family law property splits.
The methodology employed for this evaluation focused on summative quantitative strategies to generate robust evidence to assess the extent to which the LAC Trial meets the objectives identified. In addition, qualitative strategies and case studies (at program and client level) have been applied to support considered interpretation of the findings from the quantitative elements to take account of factors influencing the implementation of the LAC Trial.
Factors considered as part of the assessment of its effectiveness, efficiency and appropriateness included:
- different modes of operation and client profiles among different legal aid commissions
- different ‘communities of practice’ in the location of the legal aid commissions and the connections and relationships between the legal aid commissions and other relevant organisations such as courts, community legal centres, private legal practitioners and services that intersect with LAC Trial operation, including local family violence services
- variations emerging among legal aid commissions located within a catchment.
This final report presents findings of the evaluation into the LAC Trial based on:
- administrative data, case‑level data and jurisdictional profiles completed by each legal aid commission
- qualitative interviews with professionals, survey data and qualitative interviews with parties
- program level and party level case studies
- a social return on investment analysis
- consideration of a definition of small value property matters.
The evaluation concludes that the LAC Trial be supported on an ongoing basis.
Key findings
- There has been a strong uptake of the LAC Trial program. Other “wrap-around” services initiated as part of the Trial lead to improved social and financial wellbeing for participating parties.
- Where matters progressed to conference, the assessments indicate that most commonly both parties made full disclosure.
- It does appear that the LAC Trial lead to outcomes that improve the financial wellbeing of parties.
- Most of the surveyed clients confirmed that they were satisfied with the LAC Trial process (76%) and with the outcome reached (61%). There are some issues in relation to enforcement.
- Periodic review of the definition of small value property matters is needed for an effective implementation of the LAC Trial on an ongoing basis.
- There is a positive Social Return on Investment (1:4.69).
