Plans To Protect Children Under New Mediation Reforms

Thousands of children could be protected from witnessing their parents thrash out family disputes through the courts, following plans to mandate mediation for separating families announced today (23 March 2023).

In a major shake-up to the family justice system, proposals will see mediation become mandatory in all suitable low-level family court cases excluding those which include allegations or a history of domestic violence. This will mean separating couples have to attempt to agree their child custody and financial arrangements through a qualified mediator with court action being a last resort.

It is expected the move could help up to 19,000 separating families resolve their issues away from the courtroom, while also reducing backlogs, easing pressures on the family courts and ensuring the justice system can focus on the families it most needs to protect.

In the meantime, the government’s Family Mediation Voucher Scheme will be extended until April 2025 backed by an additional £15 million in funding. The scheme provides separating couples with vouchers worth up to £500 to help them solve disputes through mediation and has so far supported over 15,300 families.

Making mediation compulsory will allow the family courts to better prioritise and provide protection for the most serious cases with safeguarding concerns where it is not an option, such as domestic abuse and child safety. It is estimated that 36,000 vulnerable families each year will benefit from faster hearings and quicker resolutions as a result.



The overhaul could also introduce a new power for judges to order parents to make a reasonable attempt to mediate with possible financial penalties if they act unreasonably and harm a child’s wellbeing by prolonging court proceedings.

Research has shown parental conflict can be exacerbated by lengthy and acrimonious court proceedings, which can lead to higher rates of anxiety and depression, anti-social behaviour and reduced academic performance among children.

Mediation is a process in which couples work through their differences with a trained and accredited mediator to reach agreements such as how to split assets or arrange child contact times, rather than have a judge decide for them.

The voucher scheme has highlighted the benefit it can have on separating couples and their children. An analysis of the first 7,200 users of the scheme shows 69% of participants have reached whole or partial agreements away from court.

Currently administered by the Family Mediation Council, extending funding takes the total package of support provided by the government through the scheme to £23.6 million.

Estimates suggest 1 in 4 families who have child arrangements settled by judges have been to court before in the past 3 years. Increased use of mediation should lead to more agreeable resolutions for families, saving taxpayer money in the long term.

In turn, mediation provides a cheaper and more cost-effective solution for families, sparing them from expensive legal bills.



To better support children the proposals would extend the use of co-parenting programmes across the country by making them compulsory before court. Currently families are often referred to these programmes by judges during court proceedings.

These courses encourage parents to take steps for themselves and develop agreements without court intervention, making sure parents are putting their child’s needs first when separating. A pilot study found that around 78% of parents who attend both co-parenting programmes and mediation sessions took steps to withdraw their court cases.