Push for mediation in family law to resolve divorce and separation issues and relieve pressure on the family courts. 

Couples in England and Wales who are separating or divorcing can now tap into financial aid to help them with mediation fees — and keep them out of court. It’s also hoped that more people will choose mediation in family law to resolve disputes relating to finances, assets and children instead of ending up before a judge in legal proceedings that can be highly stressful and extremely expensive. 

The family courts are straining to cope with a high level of cases because of restrictions introduced early last year to combat COVID-19, and the courts were already backlogged before then. Moves had been underway to reform the family courts before the pandemic erupted and clear the backlog of cases. Although those efforts have stalled, the courts are looking beyond the health emergency to reform the administration of family law cases. 

“The Family Court was not coping with the pre-COVID workload and radical steps

aimed at changing professional culture and working practices were about to be launched

when the pandemic struck,”, a division of the High Court, said in a Road Ahead 2021 paper. “The ability of the system to process cases is now compromised by the need to conduct most hearings remotely,” it said, noting that remote hearings would most likely continue for some time. 

How Much Assistance Can Divorcing and Separating Couples Get?

The government has therefore unveiled a multimillion-pound scheme to help couples embarking on divorce and separation to resolve their matters out of court. Thousands of couples will be given £500 towards the cost of mediation in family law without a means test to determine their income level and assets to see if they’re eligible, as is the case with other types of government assistance, including legal aid in many cases. 

The money — available in the form of a voucher — may be enough for some couples going through divorce and separation to pay for their mediation, resolving outstanding child and financial issues in one or two sessions. That compares to hiring the best divorce lawyers in London or elsewhere to file legal proceedings in the family courts that may end up costing tens of thousands of pounds and taking months, if not longer, to resolve. 

The government says research suggests that the vast majority of couples — more than 70% — manage to resolve issues on separation using mediation services instead of heading to court. So the more people who opt for this way of resolving their matters, the more pressure will be lifted from the family court system in England and Wales. 

“Mediation is often a quicker, cheaper and less stressful way of resolving disputes, which helps separating couples reach amicable agreements without an unnecessary and often acrimonious court process,” said Courts Minister Lord Wolfson QC. “Our new scheme will open up the benefits of these services to even more families — sparing them the stress of long legal battles, while also helping to lessen the pressure on our family courts as we recover from the pandemic.”

Couples can find and appoint a mediator to help resolve their matters when separating or divorcing, or they can use solicitors trained in mediation to assist them. It’s simply a matter of sitting down with an independent party, the mediator, to talk through outstanding financial or child problems that the couple cannot agree on themselves. The family courts require people to try mediation (subject to a few exceptions) before considering court proceedings, as they may be able to reach an agreement and save everyone time and money. 

But it can often be the case that warring couples can’t stand to be in the same room as each other, and that’s why there are different kinds of mediation in family law used to try to arrive at a resolution. In such circumstances where neither party is talking to the other and it’s too uncomfortable for one or both to spend time in the same room, shuttle mediation is used. This is where there are two rooms and the mediator holds discussions with the parties in their separate rooms, shuttling between the two to discuss matters and hopefully reach an accord. 

If there are no problems between the couple, however, and they remain amicable and on good terms, they can sit down together with the mediator and talk about how best to resolve contact with children, divide their savings and assets and anything else that needs discussing. Couples may also have their own family solicitors present at the talks, if appropriate and helpful to the process. 

“Family mediation is a proven, cost-effective way to resolve differences following separation. This voucher scheme will make it even more accessible, and will help families resolve issues for themselves, without having to go to court,” said Family Mediation Council Chair John Taylor in welcoming the government’s financial support for mediation in divorce and separation.

Couples can get a mediation voucher for £500 if the dispute they’re unable to resolve involves a child or children and in cases where financial matters need to be sorted out and include child issues, such as how children will spend their time with each parent. 

You don’t have to apply for the financial assistance for mediation yourself, because if it applies in your case, the mediator will make the application themselves, on your behalf, and it will be paid to them when the sessions are finished, and an agreement between both parties has hopefully been reached. 

Only one application for a £500 voucher can be made per family or case, so you can’t make repeated applications, and the scheme won’t be around forever — it will last as long as there are funds. If you’ve been means-tested for legal aid, you can also apply for the mediation voucher. 

What if you started mediation a while ago and sessions are ongoing — can you apply for a voucher now to help you cover costs? The scheme came into effect on March 26, 2021, and the rules say you can only apply for the £500 if your sessions began on that date or after it. So if your sessions started earlier, you wouldn’t be eligible to apply. 

This government initiative will likely spur considerable interest in mediation for divorce and separation and help people to agree on their issues while avoiding stress, high costs and the courts. 

If you’re in the process of separating or divorcing and want to consider mediation, KJM Solicitors can help. Contact us now for a consultation and see if you can resolve your matters without going to court.