The UK Government has mandated divorce mediation

The plan will allow judges to order parents to try to mediate any disputes. They could be fined if they fail to comply with the order and are found to be harming the child’s wellbeing by prolonging proceedings.

This requirement will not be applied to low-level cases. Mandatory mediation will not be required for cases involving allegations or a history domestic abuse. According to the Ministry of Justice, mediation could solve up to 19,000 cases currently in progress.

Rebecca Cockcroft, cohead of family law at Payne Hicks Beach said that while the government’s plans were welcome and will hopefully reduce the strain on the already stretched family courts, there will always remain cases that aren’t suitable for mediation. For example, where one party controls or is violent, mediation is unlikely to help. Access to the family courts in such cases will be imperative em>

Deborah Jeff is the Head of Simkins’ Divorce and Family Department. She also commented on this proposal. She stated that any proposal that can help families avoid the long and expensive experience of litigating in family court is welcomed, provided that suitable screening is done for domestic abuse cases.

“Domestic abuse, in all its forms, has only recently been recognized and understood in English family law. Care must be taken to not undermine this with mandatory mediation. It is a good idea to encourage mediation between the parties in order to allow them to communicate directly in a respectful and safe mediation setting. This will reduce costs and minimize the effects of separation on the whole family.

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