On 23 March, the Government has launched a consultation containing new proposals aimed at resolving private family disputes through mediation, rather than with legal proceedings that will only add to the current pressure on Family Courts.
When problems within the family prove too great and separation is the only solution, there are a lot of issues to manage, especially when children are involved and new financial arrangements have to be agreed that reflect the change in circumstances.
It can often be difficult for families to agree on the next steps which can slow the process and increase stress within the family, at a time when children need to be protected from the conflict, which may impact their long-term development.
Currently, around 55,000 families end up in the family courts each year to resolve these disputes and arrive at an agreed solution, acceptable to all concerned. However, post-pandemic, The Family Courts are still managing an unprecedented backlog, which risks families and children having to cope with the stress of their family break up, for far longer than is necessary or indeed healthy.
Mediation makes sense
Despite professional mediators explaining the benefits of their work for decades, the Government appears to have finally recognised the positive impact of helping a large proportion of cases avoid the courtroom, as well as the likely cost-savings on offer.
The consultation makes three main proposals:
- Making mediation a pre-court requirement in low-level family dispute cases.
- Allowing judges to impose financial penalties on separating couples who did not make a reasonable attempt to mediate before reaching court.
- Requiring parents to attend co-parenting programmes before court proceedings, instead of a judge referring separating couples to these programmes during court proceedings.
Whilst the proposals aim to reduce the stress, costs and delays felt by families there will be clear exceptions to any new rules imposing mediation as a mandatory first step in the separation process.
The Law Society has warned the Government’s plan could put victims of undetected coercive control in a vulnerable position. And cases that involve domestic abuse allegations or child protection concerns, will not follow the mediation route and may have to proceed to court.
It is hoped that by mediating more straight forward separation cases, it will free up time for those cases that need the court’s involvement more quickly.
With an impressive success rate, close to 70%, mediation has helped thousands of families reach full or partial agreements, thanks to the help of trained independent mediators. Mediation helps families focus on the future and avoid the often long and acrimonious court process, which should be seen only as a last resort for the majority of separation cases.
Mediation helps families maintain control
While we await its outcome, the consultation alone will bring greater awareness to the mediation process, which could help many thousands more separating couples agree arrangements over parenting, property and money, that allows them more control of their family’s future.
Choosing the family mediation route engages an independent, professionally-trained mediator to help the family understand what’s important and how everyone can work together to arrive at a better outcome decided by them, rather than leaving it to a court to impose decisions for the family.
Here at Buckles we’re pleased to have accredited family mediators who have the experience and expertise to ensure that any proposed changes are implemented effectively and efficiently to deliver the best possible experience for those facing separation or divorce.
If you are considering divorce or separation and would like to understand the mediation process, please get in touch today with Lyn Brisley or Sonia Rola on 020 7052 7826, members of the Family Law team here at Buckles.
