New mediation laws for separating parents

Last week, the Ministry of Justice published an open consultation on the proposed new mediation reforms. The proposals are aimed at resolving private family disputes earlier through the use of mediation, thereby protecting children from the impacts of drawn-out court proceedings.

The proposals

The new measures proposed in the consultation by the Ministry of Justice are as follows:

• Mediation will become mandatory for all parents in suitable low-level conflict family cases (excluding matters with allegations of or a history of domestic violence or other safeguarding concerns, or on the basis of urgency);
• Attendance at a co-parenting programme will become compulsory before attending court; and
• A new power for judges to order parents to make a reasonable attempt at mediation, with possible financial penalties if parents are deemed to be acting unreasonably and causing harm to a child’s wellbeing by prolonging court proceedings.

It is hoped that through the above measures, up to 19,000 separating families will be able to resolve disputes outside of the court process, simultaneously reducing the court backlogs, easing pressures on the family courts, and shielding children from the adverse impacts of the court process.  This would enable the courts to focus on the protection of the most vulnerable families, providing faster hearings and swifter resolutions to those who need it the most. 

Voucher Scheme

The consultation also proposes to extend the Family Mediation Voucher Scheme for two years until April 2025, with backing of a further £15 million in funding.  From an analysis of the first 7,200 users of the scheme, it is stated that 69% of participants were able to reach a whole (or partial) agreement through mediation.  Due to the scheme’s huge success, it is hoped the extension will encourage more people to consider mediation as a tool to resolve disputes.  However, it is unclear how mandatory mediation is to be funded once the scheme expires.

The impact 

It is clear that some form of intervention is necessary to bring the family courts out of crisis.  The extra support and recognition for the value in the mediation process is welcome; it is an effective and positive tool to resolve disputes for many families.  The proposals may be able to help a great number of families who otherwise may not have made it to mediation.

Mediation is not, however, a ‘one size fits all’ and it is not the right process for everyone.  It would be counterproductive to attempt to mediate families for whom the process is simply unsuitable.  For example, there are many different ways in which domestic abuse may present in a relationship, indeed sometimes victims of domestic abuse do not even realise it for several years.  All relationships are different, and individuals’ understandings of their relationships may develop throughout the process; it can therefore be difficult for a mediator to be able to identify a problem at the outset.  How will it be decided which families are of “suitable low-level” conflict to undergo enforced mediation as the first step?

It is also fundamental to the mediation process that it is undertaken voluntarily, and it works best when conducted in this way.  By enforcing mandatory mediation, families may feel pressurised into agreeing provisions that otherwise shouldn’t be agreed or, conversely, one party may use the process to cause further delays to suit their own agenda, which may not be in the long-term best interests of the family.

If you’re looking to go through mediation, Mills & Reeve accepts Family Mediation Vouchers and our team of family mediators can help you achieve the best outcome for you and your family.