The Government has announced that they have started a consultation about whether family mediation for parents should effectively become compulsory. It is being suggested that parents who are separating will run the risk of being fined if they will not attend mediation. The consultation is due to close on 15 June 2023.
At the moment it is compulsory for mediation to be considered before a Court Application is pursued. Attending mediation itself is not compulsory but is seen by the Government as a way to save costs and reduce the current pressure on Family Courts. Neale Grearson, Partner at Clapham & Collinge was concerned that this would mean a fundamental change in the concept of mediation.
He said, "the essence of mediation is that it is voluntary. It is far better for separating couples to attend mediation to discuss and agree the arrangements for the children as well as to deal with financial issues but to make it effectively compulsory changes this completely. Sadly, it appears that the Government is more concerned about costs and the current pressure on the Courts without considering the needs of the parties and in particular children. The Government is also looking more broadly at compulsory mediation even where children are not involved and that would be even more of a radical step forward.
The Law Society has warned that this would risk sending people to mediation who should not be there. If people are forced to attend mediation whatever the background of the relationship my fear is that this is not going to ensure that the process is fair and protected. Sadly, the current MIAM system (mediation assessment) can often be a "tick box" exercise in that an assessment for mediation is required before a Court Application is started but mediation can still be refused. There needs to be a balance between the two extremes with greater information and encouragement given to people to attend voluntarily. For example, the Voucher Scheme introduced by the Government to provide financial assistance towards the cost of mediation is a very positive step. This is far better to try to facilitate mediation than to make it compulsory".
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