Leading law groups have warned the government against making mediation compulsory in family disputes. The Ministry of Justice recently completed a consultation on compulsory mediation for all ‘suitable low-level’ family court cases. 

Opposition from Law Society 

The Law Society supports efforts to secure amicable resolutions in family disputes but believes mediation should be voluntary. Law Society president Lubna Shuja stated, “We understand the value of mediation in resolving family disputes amicably without needing to go to court. However, we do not agree with making mediation compulsory. No form of dispute resolution should be mandatory. Attendance must be voluntary for it to be effective.” 

Concerns Over Complexity and Vulnerability 

Shuja emphasized that many couples try to avoid costly court litigation and delays. However, complex cases that require court hearings should not be impacted by compulsory mediation, as this could harm vulnerable people seeking a court hearing. 

Alternative Proposals 

The Law Society advocates for extending legal aid to help couples get professional advice early, making it easier to assess options and find the best resolution. Early legal advice can reduce conflict, help clients understand their cases better, and access necessary services, especially in domestic abuse and child abuse cases. 

Resolution’s Position 

The family law group Resolution also opposes compulsory mediation, calling for more early legal advice to help families make informed choices and find constructive, lasting outcomes for child arrangements and family finances on divorce. 

Government Consideration 

The government will now review the consultation feedback and decide whether to proceed with compulsory mediation. We will keep clients informed of developments.