With UK family courts facing significant delays—some cases now taking an average of 43 weeks to reach resolution—families and children are increasingly impacted by the extended court timelines. These delays are particularly challenging in private family law cases, where thousands of couples and nearly 20,000 children wait in limbo.
In light of the current challenges facing the UK family courts, legal experts at Weightmans highlight the critical role of Lawyer Inclusive Mediation (LIM) and Hybrid Mediation in alleviating strain on the court system while supporting families through a less adversarial approach.
LIM is an advanced form of mediation where lawyers work alongside clients within the mediation process. Unlike traditional mediation, LIM allows clients to have their lawyer’s support during discussions, which means that both parties receive immediate legal guidance, allowing for more balanced, informed outcomes. This approach can significantly reduce both emotional and financial costs, a benefit that is particularly relevant in today’s climate, where the financial and psychological toll of drawn-out court cases has been linked to poorer mental health outcomes for all parties involved.
Hybrid Mediation combines LIM’s benefits with private sessions between each party and the mediator. This flexible approach addresses power imbalances and allows individuals to express sensitive issues openly, which may be crucial when children are involved. Hybrid Mediation can facilitate agreements in a safe, personalised environment, and prevent conflict escalation, a frequent outcome in long court proceedings.
In light of the £23.6 million government investment in the mediation voucher scheme, it’s clear that mediation is being positioned as a primary method of dispute resolution for family matters. Early data from the scheme show positive outcomes, with more families reaching settlements without court intervention. Additionally, the government’s recent reforms—including family hubs and accessible online resources—provide more support for separating families, encouraging mediation as a first step in resolving disputes. Antony Ball, Family Law Expert at Weightmans commented:
“Given the current pressures on the family court system, Lawyer Inclusive Mediation and Hybrid Mediation provide families with a practical, supportive route to conflict resolution. These approaches ensure both parties are well-advised throughout the process, minimising both cost and emotional distress. Mediation can not only lead to faster, fairer outcomes but also can allow for cooperative co-parenting.”
