Those of us who work in the family justice system know that the delays already existed before the pandemic. And that these were only made worse as a result of it.

Separating families who are going through perhaps one of the most traumatic of life’s experiences and are unable to reach agreements themselves, often feel as though they have to wait months and in some cases years for a Court hearing. Meaning that their lives are on hold.

Have The Delays Been Recognised?

The Government has recognised the problem. With the Lord Chancellor announcing in a recent speech that it is drawing up plans to keep cases away from Court. These plans include making mediation the default process in most family law disputes. As well as making it easier to award substantial legal costs against the parent thought to be abusing the Court system.

Family Mediation

As far as family mediation is concerned some critics ask, “does family mediation work?”. The answer is that it certainly does in most cases. Where it does work, the family retains control over their decisions and agreements. And they more often than not adhere to them, as they are their agreements rather than orders imposed upon them.

In most cases where both parties are willing to mediate, at least some if not all of the issues between them are resolved without the need to go to Court.

The Implications Of The Recent Announcement

An implication In the announcement is that mediation may be made compulsory. Mediators have long debated whether or not this should be. Many believe it is essential that participation in mediation remains a matter of choice, and the processes always voluntary, as it is now. Whilst there is a suspicion that the assessment of the mediation process (the MIAM) can be abused by those simply wanting a ‘certificate’ to go to Court. It remains to be seen how any requirement to mediate would be enforced or would offer protection to the vulnerable.

When Should A Case Go To Family Court?

In respect of the abuse of the Family Court and unnecessary cases clogging up the system. Most family lawyers will advise their clients that the Court is a last resort. The costs, both financial and emotional, and the time is taken to resolve cases can impact the family long after the formal process ends.

There will, however, always be cases that require a Judge to decide for the family. Because, despite their best intentions, agreements cannot be reached. Only some of those cases are those where issues or allegations are raised or made that should not have been or were made falsely. In some situations, costs orders or the threat of them made against one party or the other may promote settlement; in others, it may simply punish a party who holds beliefs genuinely, but misguidedly.

The delays at the Family Court remain unacceptable but unavoidable, should the Court be used. Most family lawyers will advise their clients of the very many ways, including family mediation, for resolving their disputes. As well as the pitfalls and cost consequences of not acting reasonably.

The obvious point is that taking early legal advice from a recognised expert family lawyer about the options that are available and what the Family Court would do, is likely to be beneficial and promote a quicker and less expensive settlement.

A recent article from the Law Gazette discusses advice to cutting the family backlog, you can read the full article here.

If you have any questions regarding mediation, or any other family matters, please don't hesitate to get in touch. You can email me at a.rose@timms-law.com or call on freephone 0800 0116666. Alternatively visit the family law section of our website here.