Mediation or bust- Government announce consultation on compulsory mediation to resolve family disputes- Article by Tanya Bloomfield, Solicitor and Mediator

The Ministry of Justice yesterday announced a consultation to look at the options of making mediation for both parties a compulsory requirement in what is described as ‘low level’ family disputes. This is part of the Government’s stated commitment to reducing the court backlog and encouraging the resolution of family disputes away from the court arena. The proposals for the consultation include:

– requiring couples to try to mediate (with exceptions for domestic abuse allegations, urgency, or certain child protection circumstances);
– cost consequences for those who do not try to mediate;
– making the equivalent funding now available under the voucher scheme permanent for child cases. The consultation also seeks views on the funding of financial cases; and
– requiring parents to attend a co-parenting programme before attending court.

At present there is a requirement in most cases for the applicant to court to attend a Mediation Information and Assessment meeting (MIAM) before the court will accept their application in relation to children or financial matters. There are exemptions for this requirement e.g in the case of urgency or where there are allegations of domestic abuse. At the moment the requirement to attend a MIAM only applies to the Applicant in the case and the other party’s attendance is encouraged but is voluntary.

Only after both parties have attended a MIAM and it has been assessed as suitable does ‘Mediation’ actually take place. It takes ‘two to tango’ and so if one party wants to mediate but the other does not, mediation cannot proceed.

The Government consultation is about looking at ways to make mediation a more central part of the dispute resolution process. There will of course naturally be various exemptions to such requirements. A fundamental part of mediation is its voluntary nature and usually the best outcomes from the mediation process come from those who really ‘buy’ into it. It therefore remains a question about whether forcing people to do something will make them want to actively participate in it. This will need some careful thought and consideration.

Positively the announcement also included confirmation of the extension of the Mediation Voucher scheme until 2025. This gives eligible parties up to £500 towards the costs of mediation.

We have a team of specialist Family Solicitors and accredited Mediators who can assist you. Contact our family team on 01325 281111 or 01609 765765 for more information.