Mediation Mandates and Missed Opportunities: 2024 Family Justice Reforms
An In-Depth Look at the Impact and Future of Family Mediation
The 2024 Family Procedure Rules (FPR) reforms aimed to revolutionize the family justice system with a focus on non-court dispute resolution (NCDR), stricter MIAM (Mediation Information and Assessment Meeting) compliance, and cost penalties for avoiding mediation. Now, over a year later, the question arises: Have these reforms truly delivered on their promise?
A System Still Under Pressure
Despite the reforms, family courts continue to face overwhelming pressure. In 2024 alone, there were 51,473 private law children applications, including child arrangements orders, and 45,071 financial remedy applications—both showing modest increases compared to 2023[1]. The average resolution time for private law children cases stood at 40 weeks, reflecting only a slight improvement from the prior year.
While courts now hold greater authority to direct parties toward mediation and challenge MIAM exemptions, practical results vary widely. Many families still bypass meaningful NCDR. Alarmingly, reports persist of non-accredited mediators exploiting loopholes in MIAM requirements, undermining the mediation process's integrity. The Legal Services Board’s ongoing consultation on ethics might offer a solution, but enforcement remains inconsistent.
The Family Mediation Voucher Scheme: A Limited Tool?
The Family Mediation Voucher Scheme, extended to March 2026, provides up to £500 toward mediation costs, though it does not cover MIAM fees[1]. While helpful for some families, the voucher scheme often benefits those already financially capable of engaging with the system. Inflation has further reduced the scheme’s value; £500 in 2021 would now equate to £617, leaving families with diminishing support.
The Strain on Legal Aid Mediation Services
Low-income families, particularly the 40% of Universal Credit recipients who are single parents—or 52% under the two-child limit—struggle to access mediation. Legal aid coverage remains insufficient, with significant funding gaps preventing families from obtaining vital mediation services.
In 2024, there was a 40% rise in legal aid cases for mediation, with 7,036 cases starting that year. However, this increase surpasses the modest 4.4% growth in MIAMs, indicating that while families are becoming more receptive to mediation, systemic support still lags. Legal aid payment rates, unchanged for 21 years, hover at half the commercial rate, further deterring providers, especially in rural areas. A recent data breach in legal aid systems has only deepened mistrust in the infrastructure supporting family mediation.
Information and Transparency: Ongoing Challenges
The 2024 reforms promised improved public awareness of dispute resolution options, but families still report difficulties navigating the system. The opacity of court processes leaves many unable to make informed choices about mediation or other alternatives.
Progress in Court-Driven Mediation
Signs of progress have emerged, particularly through judicial actions encouraging mediation. Significant cases like AM v. RF (2024), where a mother was ordered to pay 50% of the father’s £20,000 legal costs due to refusal to mediate, highlight a shift in the court’s stance. Similarly, in NA v. LA [2024] EWFC 113, the court paused litigation to explore mediation opportunities against the initiating party’s wishes, setting a precedent for judicial intervention in promoting NCDR.
Key Recommendations for Future Reform
To ensure the success of family mediation reforms, the Family Mediation Trust proposes:
- Stricter enforcement and regulation of MIAM compliance, including penalties for unaccredited providers.
- Substantial investment in legal aid to make mediation accessible to all families, regardless of income.
- Mandatory judicial review of mediation options at every stage of court proceedings.
- Public education campaigns to demystify the family justice process and promote mediation as a viable option.
- Transparent reporting on mediation outcomes, court referrals, and the use of cost orders to encourage participation.
Conclusion: A Step Forward, But More to Do
While the 2024 reforms mark progress, their potential is hampered by weak enforcement, insufficient funding, and a lack of transparency. Mediation must evolve from a procedural formality into a universally supported and trusted mechanism for resolving family disputes. The Family Mediation Trust remains dedicated to this vision but emphasizes that broader systemic changes and stronger investments are crucial for real and equitable impact.
References
- [1] Family Court Statistics Quarterly: October to December 2024