Separating Families Facing Mandatory Mediation

On 23 March 2023, the government released a press release announcing their proposals to make mediation mandatory in thousands of suitable low-level family court cases.

They describe it as a “major shake-up to the family justice system”, whereby thousands of children could be protected from witnessing their parents embark upon lengthy family court proceedings. 

The proposals will be subject to a government consultation which will run for 12 weeks from 23 March 2023, closing on 15 June 2023, where it will be decided whether the government’s plans will come into effect. 

The new plans will mean separating couples must attempt to agree on their child and financial arrangements through a qualified mediator, with court action being taken as a last resort. 

The changes are expected to help up to 19,000 separated families resolve their issues away from court, reducing backlogs, easing pressure on the family courts, and ensuring the justice system can focus on the families it most needs to protect.

The reforms aim to:

• Protect children from the damaging impact of bitter courtroom battles.
• Provide further financial support to families as the voucher scheme extends.  

Under the government’s new plans, they wish to make mediation compulsory.

Compulsory mediation aims to allow the family courts to better prioritise and provide better protection for the most serious cases where mediation is not an option, such as those cases involving domestic abuse and child safety.

They estimate that, as a result of compulsory mediation, 36,000 vulnerable families will benefit from faster hearings and quicker resolutions.

They believe that increased use of mediation will also lead to more agreeable resolutions for families.

The Family Mediation Voucher Scheme was introduced on 26 March 2021.

The government introduced the scheme in response to Covid-19 to support recovery in the family courts and encourage families to use mediation to resolve their disputes.

It provides separating couples with a voucher worth up to £500 to help fund the cost of mediation.

The scheme has so far supported over 15,300 families.

The mediation voucher cannot be used for the cost of the MIAM and must be used towards mediation sessions.

During the MIAM, the mediator will assess the issues you seek to resolve to see if they are suitable for mediation and meet the eligibility requirements for the voucher scheme.

Under the new plans, the government plans to extend this scheme until April 2025, backed with an additional £15 million in funding.

Extending the funding takes the total package of support provided by the government through the scheme to £23.6 million.

In their press release, the government highlighted the benefits mediation could have on separating couples and their children, stating that on an analysis of the first 7,200 users of the scheme, 68% of participants reached a whole or partial agreement away from court.