Mediation has been available to separating couples in England
for decades to address any issues they wish to explore about their
finances and/or their children upon relationship breakdown. A
trained impartial mediator who is familiar with relationship
dynamics, but also with how the law might impact upon the issues,
can work with the couple, if they cannot sort matters
themselves.
Mediation encourages parties to focus on the future and to make
their own decisions and to focus on good communication where
possible. One of mediation's key elements is that it is
voluntary. Not free, but nobody is compelled to try it.
The Government could see years ago (and well before Covid and
its slowing of the time it takes to get to see a judge), that
mediation might reduce court waiting times and reduce the cost of
family justice. Legal Aid funding for mediation was initially made
available but has largely been eroded.