Mediation is widely promoted by responsible family lawyers and increasingly so by the judiciary.  In the 2020 case of Re B (A Child) (Unnecessary Private law Applications), His Honour Judge Wildblood gave the very forceful warning that parties should "not bring your private law litigation to the family court unless it is genuinely necessary for you to do so".  His clear message was that cases should be resolved using alternative dispute options which should be promoted as a superior alternatives to litigation. Mediation offers a safe and private space to discuss all issues arising from a relationship breakdown including the future arrangements for any children and the division of matrimonial assets. 

Despite these warnings, court backlogs have grown so it is wise to consider that the severity of judicial warnings will increase.  Hopes are being expressed that common sense will prevail and that mediation can help reduce the long court waiting times.  The mediation options has been expanded in recent years to include shuttle mediation, co-mediation and hybrid mediation, all of which help to make the mediation process accessible for a greater proportion of separating couples.  

For any enquiries about mediation, please contact Grace Parker-White, partner and mediator in our family team.