Divorce disputes and other acrimonious battles over children or money would be taken out of the courts under plans for a radical overhaul of family justice announced yesterday.
Instead, many such disputes would be resolved on paper or through mediation, which could become compulsory for couples warring over contact with children. Court-room hearings may not be eliminated entirely but hundreds of disputes should be settled without the need for a full-blown hearing, with all the costs and acrimony involved, ministers believe.
At present, if a parent receives legal aid, he or she must consider mediation before being given public funds to go to court to fight over contact or residence of a child.
In the future, parents who pay for their own lawyers should also have to consider mediation, and mediators would formally certify that this had been done.
The surprise review was announced by Jack Straw, the Justice Secretary, who said that the system of family justice was stressful and acrimonious. “Research shows that children adjust to family breakdown better when a couple maintain working relations following a separation. The review is about making sure the justice system helps parents to achieve this.”
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A review panel, made up of independent and government representatives, to be formed shortly, will consult on proposals for compulsory mediation. It will report back in 2011. The review has been discussed with Sir Mark Potter, the most senior family judge in England and Wales. He has also been consulted on its terms of reference.
The family justice fundamental review is part of the cross-Government “Families and Relationships” Green Paper published by the Department for Children, Schools and Families, which is looking at how to reduce conflict when relationships break down.
Ed Balls, the Secretary of State for Children, Schools and Families, said: “While family relationships are very private matters, there is a role for government to help families find ways to resolve conflict faster in order to limit the negative impact on children.”
Teresa Richardson, a spokeswoman for Resolution, the association of 5,500 family lawyers in England and Wales, said: “We are certainly in favour of non-court based procedures being available to families. But it is important that families are able to choose the option that is right for them.”