The government is proposing a shake-up to the justice system, making mediation mandatory for separating couples. The proposals are going through a consultation period that will end on 15th June 2023.
The aim is to protect children from the damaging effects that courtroom battles have on them when their parents separate. It will mean that separating couples will have to try to agree children and financial arrangements through mediation before they can go to court.
It is expected that this will help to keep up to 19,000 separating families out of court. It will also help to free up the current backlog in the family courts and enable the courts to prioritise the most serious family cases. The proposals do not apply to cases such as those with domestic violence and children safeguarding concerns.
The proposals could offer a new power to judges to order parents to attend mediation, with financial penalties if they do not and court proceedings cause harm to a child’s wellbeing.
Children’s wellbeing is at the heart of these proposals, with the government saying:
“When parents drag out their separation through lengthy and combative courtroom battles it impacts on their children’s school work, mental health and quality of life.”
Research has shown that acrimonious court proceedings between parents can lead to children’s anxiety, anti-social behaviour and reduced performance at school.
The government introduced the Family Mediation Voucher Scheme in March 2021, with a fund of £1 million. This allows parents who are mediating about their children to get a voucher worth up to £500. So far, it has helped 15,300 families. The scheme, which been extended several times already, has now been extended to April 2025, with an additional £15 million funding. Analysis of the first 7,200 users of the vouchers shows that 69% have reached whole or partial agreements using mediation.
Family Matters has been able to help many families with their children issues using the scheme and have so far applied for 280 vouchers, claiming £73,000 that would not have been available to clients otherwise.
Juliette Dalrymple, director of Family Matters says:
“The proposals from the government are very good news. It is far better for children for separating parents to work together and try to agree the way forward rather than go to court. Family mediation provides parents a safe and supported structure to sort out arrangements for their children, taking into account what is going to be important for them as they grow up. It also provides parents with the space and time they need to think about what is most important for their children, and for the whole family.”
