Mediation popularity grows amid court pressures

The number of family disputes settled through mediation has surged, according to TWM Solicitors, a prominent family and private wealth law firm. The organisation reported a striking 37% increase in mediation cases, with 9,800 instances recorded for the year 2024/25, up from 7,200 the previous year. This growing preference for mediation is rooted in the escalating legal costs, strained court resources, and the lengthy delays often associated with litigation, where court cases can take longer than a year to resolve.

Stuart Downey, a Partner and mediator at TWM Solicitors, explains the changing mindset: “People often assume that a court hearing is inevitable when a dispute arises, but that is frequently not the case. Mediation can enable parties to reach practical solutions while maintaining greater control over the process and avoiding significant delays.” This level of control and practicality is crucial for many families grappling with the financial implications of prolonged legal disputes.

Moreover, the number of positive outcomes from mediation also saw an increase of 5%, suggesting that not only are families turning to mediation, but they are also finding success in these alternative methods. Sarah Archibald, a Partner in the Family team at TWM Solicitors, notes this encouraging trend: “It is particularly encouraging to see positive mediation outcomes rising alongside the number of people using mediation. More families are not only trying mediation, they are successfully resolving disputes through it.”

The government has taken steps to support this shift, recently confirming the extension of the Family Mediation Voucher Scheme, which offers eligible families up to £500 towards mediation costs. This initiative is designed to guide families away from the courts, employing new digital tools for dispute resolution involving children and finances.

TWM Solicitors suggests that the increasing acceptance of mediation extends beyond family disputes, also encompassing inheritance and trust issues. Downey remarked on the broader implications: “The Government's continued support for mediation is welcome. The benefits of mediation are not limited to separating couples and there is a strong case for encouraging its use across a much wider range of disputes, including inheritance and trust disputes.”

The firm's research indicates that disputes related to Wills and estates are on the rise, further reinforcing the case for mediation. Downey states, “Inheritance disputes are often particularly well suited to mediation because they frequently involve family members whose relationships can suffer permanent damage through litigation.”

Mediation not only facilitates constructive dialogues but also allows parties to retain greater control over outcomes, positioning it as a less adversarial and more economical option compared to traditional court processes.

The trend towards mediation is part of a larger movement within the legal landscape, as seen in a 24% rise in commercial mediation cases reported by the Centre for Effective Dispute Resolution (CEDR). This overall growth in mediation is instrumental in alleviating the pressure on court systems and aiding individuals in resolving disputes efficiently while preserving resources and relationships