Separating couples will soon be required to engage in mediation before resorting to court to settle disputes over financial and child custody arrangements. 

This government initiative is part of a comprehensive overhaul of the family justice system. 

Mandatory Mediation for Low-Level Family Court Cases 

The new proposals stipulate that mediation will be mandatory for all suitable low-level family court cases, with the exception of those involving allegations or a history of domestic violence. This means that separating couples must attempt to resolve their child custody and financial issues with the assistance of a qualified mediator, using court action only as a last resort. 

New Powers for Judges 

The reform could also introduce new judicial powers, allowing judges to mandate parents to make a reasonable effort to mediate. Parents who act unreasonably and negatively impact a child’s wellbeing by prolonging court proceedings may face financial penalties. 

Benefits of the Reform 

It is anticipated that these changes could help up to 19,000 separating families resolve their disputes outside the courtroom. This would reduce backlogs, alleviate pressure on family courts, and enable the justice system to concentrate on families that require the most protection. 

Extension of the Family Mediation Voucher Scheme 

In the interim, the government’s Family Mediation Voucher Scheme will be extended until April 2025, with an additional £15 million in funding. This scheme provides separating couples with vouchers worth up to £500 to assist with mediation costs and has supported over 15,300 families to date. 

Prioritising Serious Cases 

Ministers assert that these changes will allow family courts to prioritise and safeguard the most serious cases, where mediation is not feasible, such as those involving domestic abuse and child safety. It is estimated that 36,000 vulnerable families each year will benefit from expedited hearings and quicker resolutions as a result. 

Impact on Families 

Justice Secretary Dominic Raab commented: “When parents drag out their separation through lengthy and combative courtroom battles, it affects their children’s school work, mental health, and quality of life. Our plans will divert thousands of time-consuming family disputes away from the courts to protect children and ensure the most urgent cases involving domestic abuse survivors are heard by a court as quickly as possible.” 

How Mediation Works 

Mediation involves couples working through their differences with a trained and accredited mediator to reach agreements on issues such as asset division and child contact times, rather than having a judge make these decisions. 

Success of the Voucher Scheme 

The voucher scheme has demonstrated significant benefits for separating couples and their children. Analysis of the first 7,200 users shows that 69% of participants reached full or partial agreements outside of court. 

Consultation Period 

The proposals are subject to a government consultation, which will run for 12 weeks, closing on 15 June 2023.