Overview

The Arbitration and Mediation Services (Equality) Bill aims to improve equality within arbitration and mediation services, protect victims of domestic abuse, and clarify legal jurisdiction. It amends several existing Acts to ensure fair treatment and prevent discrimination based on sex in these processes.

Description

Amendments to the Equality Act 2010:

This part explicitly prohibits discrimination based on sex in arbitration services, including biased treatment of evidence and assumptions about property rights or estate divisions. It also clarifies the public sector equality duty to consider the needs of individuals in religiously-specific marriages or polygamous households who might lack legal protection.

Amendments to the Arbitration Act 1996:

This section invalidates arbitration agreements containing discriminatory terms based on sex and explicitly excludes criminal and family law matters from arbitration proceedings.

Amendment to the Family Law Act 1996:

Courts can now set aside orders based on mediation or negotiated agreements if one party's consent wasn't genuine. This provision emphasizes ensuring informed consent and addresses potential manipulation or coercion.

Amendment to the Criminal Justice and Public Order Act 1994:

Extends protection to victims of domestic abuse who are assisting in investigations or acting as witnesses.

Amendment to the Courts and Legal Services Act 1990:

Creates a new criminal offense for falsely claiming legal jurisdiction in arbitration, particularly regarding matters excluded from arbitration under the act.

Government Spending

The bill doesn't directly specify government spending figures. The impact will likely involve the cost of implementing the new legal provisions and potential legal challenges. Increased court activity related to invalidating agreements or pursuing criminal offences might also incur costs. However, no specific figures were provided in the bill text.

Groups Affected

• Arbitration and mediation service providers: Must ensure compliance with new equality provisions.
• Individuals involved in arbitration or mediation: Benefit from clearer legal protection against discrimination and coercion.
• Victims of domestic abuse: Gain further protection through the expansion of the criminal justice act.
• Individuals in religiously-specific marriages or polygamous households: May receive increased clarity regarding their legal rights and access to support.
• Courts: Will handle additional caseloads related to challenges to agreements and prosecutions for falsely claiming jurisdiction.

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