Family mediation is now mandated by UK courts in most cases before legal proceedings can be initiated to encourage dispute resolution outside of court. This is primarily due to several key reasons:

1. Reducing Court Backlogs

The UK family court system is heavily burdened with cases, leading to long delays in hearings and final decisions. Mandating mediation helps filter out cases that can be resolved amicably, allowing courts to focus on more complex or high-conflict matters.

2. Encouraging Amicable Resolutions

Mediation promotes cooperation between separating partners, helping them find mutually agreeable solutions rather than engaging in adversarial legal battles. This is especially beneficial for cases involving children, where ongoing communication between parents is necessary.

3. Cost-Effectiveness

Legal proceedings can be expensive for both individuals and the government. Mediation is generally a faster and more affordable alternative to court, saving legal fees and public resources.

4. Prioritising Children’s Well-Being

In disputes involving children, mediation encourages parents to focus on the child’s best interests rather than their own conflicts. Courts prefer parents to make decisions collaboratively instead of having a judge impose a ruling.

5. Compliance with Legal Requirements

Since 2014, attending a Mediation Information and Assessment Meeting (MIAM) has been a legal requirement before applying to court for child arrangements or financial disputes, except in cases involving domestic abuse or other exemptions. The government has recently reinforced this approach by promoting mediation as the first step in resolving family disputes.

Ultimately, mediation helps streamline family law processes, making them less confrontational, more efficient, and focused on long-term positive outcomes.