Mediation in freefall due to lack of legal aid

The backlogs and delays in the family courts, which are affecting tens of thousands of children, will continue until legal funding is restored for early legal advice.

Analysis reveals the government’s ambition of encouraging mediation has been fundamentally undermined by its own decision to cut funding for early legal advice for family matters.

The latest statistics* show mediation has collapsed over the last decade, with 19,000 fewer assessments (down 62%), 6,000 fewer case starts (down 46%) and 4,700 fewer successful agreements (down 53%).

It comes as the number of private family law cases involving children reached 97,098 in 2022/23, up 17% from 82,818 in 2021/22.

Law Society president Nick Emmerson said: “If the government is serious about tackling the backlogs and delays in the family courts, they must reinstate legal aid funding for early advice. 

“It is the key to the government’s push to encouraging separating couples to mediate, many of whom will otherwise have to navigate the system without representation***, adding further delay and distress.

“Without action we will continue to see thousands of couples and their children unnecessarily caught up in the legal system and unable to move on with their lives.”