Family Mediation Week is hosted annually by the Family Mediation Council to raise awareness of the benefits of mediation for families going through breakdown through blogs, webinars, and other resources in local and national media. The 2025 event feels all the more poignant since the update to the Family Procedure Rules (FPR) in April last year.
It has been the prerogative of the Family Justice System (FJS) for many years to encourage non-adversarial processes for those going through divorce or separation, easing the emotional, financial and practical strain. As such, the updated FPR have been swiftly implemented, and family law professionals are seeing an increased focus on out-of-court resolution methods and encouraging this in their own practice where appropriate.
Although it has always been a requirement that those wishing to use the court attend a MIAM, if safe to do so, the outlook is that mediation is no longer simply a tick-box exercise. Divorcing couples now need to set out their views on NCDR, alongside a statement of truth, highlighting a genuine consideration of out-of-court resolution methods.
Mediation
Mediation has been a tool to support couples and families for over 40 years, and England and Wales now have around 700 accredited mediators registered with the Family Mediation Council. As a family lawyer, and trained mediator, I see first-hand how the mediation process supports and guides families through the numerous issues that come with divorce, division of finances or child arrangements. Research shows that around 70% of cases reach agreements through mediation.
Many separating couples find that mediation gives them a greater sense of control over their futures than other options such as a court proceedings. Mediation can also help promote effective communication post-separation, which can be particularly helpful for couples who will need to co-parent into the future.
Mediation is not only a couple sitting with a trained mediator to work through their issues face-to-face, as in traditional mediation (although this remains a popular option). There are various options to suit the needs of the parties, including:
- Shuttle mediation – understanding that face-to-face mediation is not suitable for all clients, this format offers separate spaces (physical or virtual) and a mediator to go between each person to facilitate constructive negotiation.
- Hybrid mediation – drawing inspiration from civil and commercial mediation, parties attend their sessions accompanied by their lawyer or other professionals such as a financial adviser, benefitting from on-hand advice as well as the expertise of a mediator.
- Online mediation – conducted through secure platforms, online mediation allows parties to negotiate from a place they feel safe and comfortable. It also accommodates for time constraints and geographical barriers.
- Child-inclusive mediation – prioritises the wishes and feelings of the parties’ child(ren), using trained professionals to provide a voice for them.
Advising clients
Advising clients going through relationship breakdown comes with a multitude of challenges. Each case is unique, although key themes will crop up time and time again. Some clients will be able to negotiate amicably, others may need assistance. Mediators are experts in understanding the needs of the client, and family lawyers should be encouraging engagement as far as possible. It is important that clients have full knowledge of the available options and are given the right access to mediation or other NCDR options where suitable.
In so doing, family professionals should be noting the benefits of mediation and NCDR over litigation. Mediation saves time and money in comparison to court-based disputes. It is a positive approach to preserving relationships, fostering better communication and understanding, particularly significant when children are involved.
Of course, there will be cases where mediation is inappropriate, for example in cases of domestic abuse. Sensitivity is essential. There will also be occasions where mediation will be unsuccessful.
Conclusion
The primary goal is to promote alternative dispute resolution. Family Mediation Week is an opportunity to highlight mediation’s value and encourage continual change.
You can find out about all the events and resources via the Mediation Council’s website: https://www.familymediationcouncil.org.uk/fmw/
Sarah Scriven is a Senior Associate at Stowe Family Law and is a trained mediator.