Government Orders Mandatory Mediation to Shield Kids from Courtroom Chaos
The government is cracking down on bitter family court battles by making mediation compulsory for separating couples. The aim? To protect thousands of children from the trauma of drawn-out disputes and save the courts from mounting backlogs.
Mediate or Face the Court – But Only When Necessary
- Mediation will be mandatory for all suitable low-level family court cases, except those involving domestic violence claims.
- Separating couples must try to settle child custody and financial arrangements through qualified mediators before turning to the courts.
- This move could help 19,000 families resolve disputes quietly, easing pressure on stressed family courts.
An extra £15 million is being thrown into the Family Mediation Voucher Scheme, now extended until April 2025. The scheme gives separating couples vouchers worth up to £500 to fund mediation services. So far, it’s helped over 15,300 families reach agreements without heading to court.
Faster Court Hearings for the Most Serious Cases
The new rules will allow judges to prioritise urgent cases involving domestic abuse or child safety, where mediation isn’t an option. An estimated 36,000 vulnerable families each year should benefit from quicker hearings.
Deputy Prime Minister and Justice Secretary Dominic Raab said:
“When parents drag out their separation through lengthy and combative courtroom battles it hits their children’s school work, mental health, and quality of life.”
“Our plans will divert thousands of family disputes away from the courts to protect kids and ensure urgent domestic abuse cases get swift justice.”
Penalties for Parents Who Sabotage Mediation
The shake-up could also give judges power to fine parents who refuse to try mediation or act unreasonably, especially if they harm a child’s wellbeing by dragging out court battles.
Research reveals that bitter family court fights worsen parental conflict, increasing anxiety, depression, and anti-social behaviour among kids.
Mediation means couples work with a professional to hammer out deals on money and child contact—avoiding costly, painful court rulings.
Mediation: A Proven Winner for Families and Taxpayers
Analysis of the voucher scheme shows 69% of users reached full or partial agreements without court intervention. The government has now pumped a total of £23.6 million into the scheme.
Currently, one in four families having child arrangements settled by judges have appeared in court in the previous three years. More mediation means more agreeable results and big savings for taxpayers.
John Taylor, Chair of the Family Mediation Council, added:
“Family mediation offers better outcomes and lightens the courts’ load. Ministers see its value in helping couples reach parenting and financial deals without stress and delay.”
“Our £500 voucher scheme has been a hit, encouraging couples to settle disputes outside court. The next few weeks will shed more light on a process that could help thousands more families.”
Co-Parenting Classes to Become Compulsory
The government also plans to make co-parenting courses mandatory before court cases, extending their use nationwide. These classes encourage parents to prioritise their child’s needs and try to agree arrangements amicably.
Pilot studies show about 78% of parents attending both co-parenting programmes and mediation took steps to withdraw their court cases.
Jacky Tiotto, Chief Exec of Children and Family Court Advisory Support Service (Cafcass), said:
“Cafcass strongly welcomes efforts to help parents agree on care arrangements without court applications.”
“We see thousands of children harmed by drawn-out court battles. These programmes keep the focus on what’s best for children as they grow.”
The government has launched a consultation running until 15 June 2023 to gather views on these proposals.
