Government decides against compulsory mediation

Last year the Government ran a consultation seeking views, particularly from family justice professionals and mediation service providers, on resolving private family disputes earlier through family mediation.

The consultation proposed supporting parents to resolve family matters without court involvement, including pre-court parenting programs and compulsory mediation attempts. Encouraging mediation before court application was another proposal, promoting amicable resolution for individuals involved in family matters. Those avoiding reasonable mediation efforts could face penalties, including covering part/all of the legal costs of the other party.

The Government has now published its response to the consultation.

No compulsory mediation

The central proposal in the consultation was the introduction of the compulsory mediation requirement, in appropriate cases.

But the Government has decided against introducing such a requirement.

The Government proposed exemptions to mandatory mediation, particularly in cases involving domestic abuse, seeking feedback on the proposal.

However, many respondents to the consultation were concerned that the proposed exemptions would not be enough to adequately protect survivors of domestic abuse from being required to attend mediation when it is not suitable or safe for them. An example of this is where they do not fully realise that they have experienced domestic abuse.

In the light of these responses the Government has decided not to introduce the requirement “at this time”.

Mediation bolstered 

The Government is enhancing mediator roles in dispute resolution by improving domestic abuse screening and mediator training.

The Government aims to encourage mediators to provide child-inclusive mediation and increase the uptake of this service among families. One barrier to this which was mentioned in response to the consultation was that some mediators have been unable to apply for the enhanced Disclosure and Barring Service (DBS) check, to provide some assurance to families that they are safe and can be trusted to carry out child-inclusive mediation. The Government is therefore working with the Family Mediation Council to develop guidance for mediators to help them access this service and ensure they can apply for the enhanced DBS check. They aim to boost child-inclusive mediation by providing guidance, ensuring a safe and secure process for families and mediators.

The Government pledges ongoing support for the Mediation Voucher Scheme, offering £500 towards eligible cases’ mediation costs. By March 2025, the Government’s £23.6 million investment will aid 24,600 families, resolving issues without resorting to court.

Early legal advice for parents 

Many respondents to the consultation considered that the lack of free, publicly funded, family law legal advice was a barrier to early dispute resolution, saying that providing funded access to early legal advice would improve the information available to parents, allowing them to make better informed decisions about their dispute, and potentially leading to improved outcomes for parents and their children.

Government plans pilot for tailored legal advice aiding parents facing challenges in child arrangements, aiming to support effective resolution. The pilot, which the Government plans to launch in specific regions in England and Wales by summer 2024, will seek to demonstrate the benefits of high-quality legal advice for families looking to resolve their issues through the courts and, where court is deemed necessary, better prepare them for the court process.

Government pilot to evaluate impact of funded early legal advice, aiming to expedite dispute resolution and court-based solutions.

Lastly, the Government has announced that it will expand its ‘pathfinder’ courts pilot. Pathfinder courts in Dorset and North Wales pilot an investigative, child-centred approach, reducing adversarial procedures and enhancing support for parties.

The Government says that the pilot will be extended to South-East Wales and Birmingham in April and June 2024 respectively and then, subject to the findings of an evaluation and decisions at the next Spending Review, it intends to roll out the new approach to all courts in England and Wales.  

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