Government in UK Proposes Compulsory Divorce Mediation

Judges will now have the authority to mandate parents to attempt mediation in order to resolve disputes, under a new plan. Failure to comply could result in fines if they are found to be prolonging proceedings and harming the well-being of a child. However, cases that involve allegations or a history of domestic abuse will be exempt from this mandatory mediation requirement.

The Ministry of Justice estimates that around 19,000 ongoing cases could benefit from mediation. Rebecca Cockcroft, co-head of family law at Payne Hicks Beach, supports the government's initiative to alleviate the strain on family courts, but emphasizes that certain cases, such as those involving controlling or violent parties, may not be suitable for mediation. In such instances, access to the family courts will still be essential.

Deborah Jeff, Head of the Divorce and Family department at Simkins, also welcomed the new proposal, highlighting the importance of screening for domestic abuse cases. She believes that while mediation can be a positive step in facilitating communication between parties in a safe environment, caution must be exercised to ensure that the recognition of domestic abuse in family law is not compromised. Overall, the goal is to reduce costs and minimize the impact of separation on all family members through encouraging mediation.