The Family Court's Annual Report for 2024 (linked here) sheds light on the challenges and opportunities within the family justice system. While progress has been made in areas like transparency and technological integration, the report underscores a growing need for alternative solutions to traditional court processes - solutions like family mediation.
The Case for Mediation Over Litigation
The report reveals persistent backlogs in both public and private law cases. Despite efforts to streamline processes, private law disputes (including Child Arrangements Orders, Specific Issue Orders, and Prohibited Steps Orders) remain time-consuming, with a mean case duration of over 43 weeks in 2024.
Sir Andrew McFarlane, President of the Family Division, notes:
"The court, with its clunky legalistic approach will undoubtedly, in the end, produce a result which may then have to be imposed upon the parents, but I would suggest, for this substantial group of cases, the court process is not one that either adds value to the welfare of the child or is in any way beneficial for the parents." (Page 15)
This highlights a frequent mismatch between the needs of separating families and the approach of traditional court proceedings. Mediation, on the other hand, fosters cooperative problem-solving, reducing the emotional and financial toll on families.
Proven Benefits of Mediation
Mediation isn't just a theoretical alternative; it’s a proven one. The report cites changes in 2024 to support earlier resolution, including:
"changes to the family procedure rules to place dispute resolution at the heart of court proceedings, where safe and appropriate for them. These changes also ensure more people attend the Mediation Information and Assessment Meeting (MIAM) and benefit from consideration of non-court dispute resolution options before they come to court"
"establishment of new pre-application protocols, attached to the family procedure rules, which set out to families and their legal representatives what is expected of them before they make an application to court"
"improvements to the information available to families on the range of options and support accessible to them"
Family mediation aligns with this philosophy of early support and resolution, offering an environment where parents can work collaboratively for their children's best interests.
Reducing Systemic Strain
In addition to the benefits for families, mediation alleviates systemic pressure on the court system. Between July 2023 and July 2024, private law case backlogs were reduced by over 5,600 cases—a testament to initiatives promoting early resolution. Expanding access to mediation could accelerate this trend, further easing the court's workload.
The Future: Mediation as the Default
Policy developments in 2024 have promoted non-court options such as mediation. Changes to family procedure rules now prioritise dispute resolution before court applications, making Mediation Information and Assessment Meetings (MIAMs) and joint mediation a cornerstone of the family justice system.
As the report highlights, the court should not be the first stop for families in distress, but a last resort.
Mediation offers a better way forward — one that preserves relationships, promotes children's wellbeing, and relieves pressure on a strained justice system. With its growing prominence, mediation is not just an option but an essential part of the solution to modern family disputes.
Here to help
If you have any questions about family mediation, we can assist. Get in touch with our friendly team (Contact Us), or book a Mediation Information and Assessment Meeting (MIAM) on our website or over the phone: 0800 133 7303.