Family mediation falls out of favour

Family lawyers’ group Resolution has called for a “sustained awareness drive” about alternatives to court, after disappointing poll data on mediation.

In a major survey of more than 4,000 adults, conducted by ComRes and published this week, only half of respondents would consider alternatives to litigation, and almost four out of 10 people who have separated did not know what mediation was. Less than a quarter thought the rights of both parties would be protected by a non-court based divorce, and less than a quarter believe the terms of separation would be made clear. 

Cuts to legal aid for family law matters such as divorce have exacerbated the lack of public awareness, Resolution says. Ministry of Justice (MoJ) statistics published in September show a 47% drop in the number of couples attending out-of-court sessions since legal aid restrictions came into play in April. 

Some 7,381 couples attended mediation information and assessment meetings (MIAMs) in April–June 2012 but only 3,854 did so in the same period in 2013. 

This drop runs counter to the MoJ’s policy of encouraging mediation where possible.

Liz Edwards, chair of Resolution, says: “As a result of legal aid cuts less people have access to free legal advice, and so fewer couples are being directed by solicitors towards solutions other than court.”

Paradoxically, mediation for family disputes is one of the few areas where legal aid funding has actually increased. 

According to Beverley Sayers, chair of the Family Mediators Association (FMA), “the number of people seeking mediation has fallen off a cliff since the reforms—uptake is down by half across the UK, and by as much as 75% in some areas. 

“This is despite the fact that, in the vast majority of cases, mediation now remains one of the only legally aided resources available.” 

Under the Children and Families Bill, due to come into effect in April 2014, there will be a legislative requirement for one member of a family applying to the courts to attend a MIAM.

Sayers welcomed this but warned it may not be effective since “mediation is not a one-sided process”.