The suggested legal enforcement of mediation for separating families may prevent numerous children from witnessing their parents’ court battles in England and Wales. In all suitable low-level family court cases, except those involving domestic violence allegations or history, mediation would become obligatory, as stated by the Ministry of Justice (MoJ).
This requirement means that couples must try to agree on child custody and financial matters through a qualified mediator, with court action reserved as a last resort. The move could potentially help around 19,000 families resolve disputes outside the courtroom while reducing backlogs and easing family court pressures.
A 12-week government consultation on the proposals will conclude on June 15th. Justice Secretary Dominic Raab explained that drawn-out, contentious courtroom separations negatively impact children’s education, mental health, and quality of life. The plans aim to redirect numerous time-consuming family disputes from the courts, prioritising urgent cases involving domestic abuse survivors.
The MoJ announced that the government’s family mediation voucher scheme, which provides couples with up to £500 to resolve disputes through mediation, would be extended until April 2025 with an additional £15 million in funding. So far, the scheme has supported over 15,300 families.
The proposals also introduce a new power for judges to order parents to reasonably attempt mediation, with potential financial penalties for unreasonably prolonging court proceedings and harming a child’s wellbeing. Mediation involves couples working with a trained mediator to reach agreements on asset division and child contact times, rather than relying on a judge’s decision.
Initial analysis of the mediation scheme’s first 7,200 users revealed that 69% reached full or partial agreements without court involvement. It is estimated that 25% of families with child arrangements determined by judges have been to court in the past three years.
Both the Children and Family Court Advisory and Support Service (CAFCASS) and the Family Mediation Council expressed support for the proposals, highlighting the benefits of mediation in producing better outcomes for separating families and reducing court burdens. The consultation demonstrates ministers’ recognition of mediation’s value in helping couples reach parenting and financial arrangements without the stress and delays of court proceedings.
John Taylor, the chair of the Family Mediation Council, said: “Family mediation can play a really positive role in producing better outcomes for separating families and in reducing the burden on courts. This consultation shows that ministers recognise its value in helping separating couples make parenting and financial arrangements without the stress and delays involved in going to court. “It builds on the government’s successful £500 voucher scheme, which is encouraging separating couples to consider family mediation to resolve their disputes. The next few weeks will help shine further light on a process that has the potential to help many thousands more shape the futures of all their family members.”
What To Do Now
If you are considering divorce or separation, family mediation can be a valuable tool for resolving disputes in a fair and amicable way. By working with a trained mediator, you can find solutions that meet the needs of all parties involved, without the need for lengthy and costly court battles.
We provide a range of services to support you through the divorce process. Our team of experienced mediators can help you to identify and address the issues that are most important to you, including financial settlements, child custody arrangements, and communication and co-parenting strategies.
We believe that every family deserves access to a fair and equitable divorce process, one that prioritises the needs and interests of all parties involved. That’s why we are committed to providing high-quality, affordable mediation services to families throughout the country.
If you are ready to take the first step towards a more amicable divorce process, we encourage you to explore our website and learn more about our services. Whether you are just beginning to consider divorce, or you are already in the midst of the process, our team is here to support you every step of the way. Contact us today to schedule a consultation and learn how mediation can help you to achieve a fair and compassionate divorce.
You can call us on 0333 567 1676 or click here to send us a confidential email.
