The Justice Secretary has been urged to take ‘a different approach to family breakdown’ and to ‘help raise the profile of family mediation’ after reports have estimated that family breakdown costs the country £51bn each year.
The new Justice Secretary Shabana Mahmood will be tackling the UK prison system, with reports of emergency measures to reduce prison sentences and overcrowding, however, Family Mediation Council(FMC)Chair Stephen Burke has said the new government should pay attention to issues within mediation, such as the impact of divorce on mental health and the impact of court costs on the UK economy.
In a letter to Rt Hon Shabana Mahmood MP, the FMC has asked for a statement of the new government’s commitment to family mediation, setting out how the FMC’s team of over 1,000 professionally-registered family mediators across England and Wales can help the new government address a series of issues around separated families.
FMC Chair Stephen Burke, writes: “Poorly-managed family breakdown has an immense impact on the wider economy and, therefore, on taxpayers.”
He points to a report by the Centre for Social Justice which estimated an annual cost to the UK economy of family breakdown of £51 billion.
“These costs accrue from factors arising from divorce and separation,” he writes. “They are not limited to welfare benefits, but include “hidden” costs such as: Physical and mental health, social services and care, emergency housing following domestic violence, and educational provision.”
He adds that what he calls the current “court-first” approach places a huge further burden on already-overloaded courts and CAFCASS: “Reducing the costs arising from parental conflict will reap significant long-term dividends for the UK economy.”
The letter states: “When a couple decides to separate, the ‘usual’ approach to resolving parenting, property and finance issues is for each person to engage a lawyer,” he writes. “This leads to a prolonged legal process, pitting one against the other in a family court, with little regard for the impact upon children, or the significant costs accrued.
“Family mediation is a different approach: a process where an independent, professionally-trained mediator from the FMC’s Register helps the couple work things out together, enabling them to avoid courtroom confrontation and all the stress, delay and cost it can bring.”
He points out that family mediation is far less stressful than going to court, and that it saves families money as it is usually much cheaper than being represented. He stresses that it empowers people to agree long-term arrangements for parenting, property and money.
“Families keep more control of their own future, putting the children’s interests first and helping everyone move on quickly to the next stage of their lives.”
“Despite its positive impact on the lives of many separating couples, their children and wider families, family mediation is still a relatively well-kept secret.
“Boosting its popularity will reduce the harmful impact of family separation on children and young people, cut the associatedburdens on other professionals and agencies working with them and, crucially, make significant savings for the economy.
“The gains HM Government can make from a “family mediation first” approach are not limited to the Ministry of Justice. There would be great benefits for the work of other departments, including DWP and DfE. It is perhaps glib to say ‘everyone wins with family mediation’ but the phrase carries some truth.
“Mediation allows the parties to stay in control, as no one is made to do or agree to anything against their wishes. Unlike in a court, both partners can agree to a solution rather than have a judge decide for them.
“This all means the work of the FMC’s Registered Mediators significantly reduces the negative impact on young people of family separation and parental conflict.”
In his letter, Stephen Burke asks for : “a re-statement of HM Government commitment to family mediation and to our 1,000-strong team of registered professional family mediators across England and Wales.
“This could include strengthening the successful family mediation voucher scheme, introduced in 2021 and resulting in over two thirds of couples avoiding court as a result.
“It could also include improving the current Legal Aid offer for family mediation, as well as measures to boost the profile of the process, including child-inclusive mediation.”
MP Shabana Mahmood has been appointed as the first female, Muslim Chancellor and new Secretary of State for Justice in Starmer’s government. Ms Mahmood entered parliament in 2010 and has been vocal on family law issues and prison overcrowding. Alongside being an MP Mahmood is a barrister – she studied law at Lincoln College, Oxford, receiving her BA in 2002. She then completed the Bar Vocational Course at the Inns of Court School of Law in 2003 after receiving a scholarship from Gray’s Inn.
One Response
Divorce and separation also cost business owners an additional £54bn a year in lost productivity (40% loss for 2+ years), recruitment and retraining (10% of divorcing people leave or are asked to leave their job), and additional sick days. 93% of people say they had little or no support or guidance from their employers. Divorce is a life event just like births, deaths, and marriages, and needs to be treated as such. You cannot separate home problems from work problems. Life doesn’t work like that. Employers must be educated to raise awareness of the human and financial costs of divorce to their business. I run a Corporate Divorce Fist Aiders course which has proved to be very successful in giving emotional and practical support to organisations that take it up. e.g. a north west police force have two people trained to support colleagues and within a month of graduating had already started supporting 5 colleagues. If we are having mental health first aiders, domestic abuse champions, menopause champions etc in the work place then really it’s about time employers started looking a supporting employees through what is one of the most traumatic periods of their lives.