Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to encourage the judiciary to make greater use of its existing powers in family procedure rules to refer people to family mediation at any stage in proceedings.

We continue to support mediation as a more effective way of resolving disputes. Mediation allows both parties to reach a decision together, instead of the court making an order which one party – or neither party – may not want

Where private family cases come to court, if there is a dispute over arrangements for children, the Child Arrangements Programme will apply.

http://www.justice.gov.uk/downloads/family-justice-reform/pd-12b-cap.pdf

This sets out the framework for resolving disputes and is clear that during the court process the judge should consider all options available including referring parties to mediation where this is suitable.

The family judiciary has received training on the Child Arrangements Programme and they are aware of their powers to refer parties to family mediation during court proceedings. How and when judges use these powers is a matter for their discretion based on the facts of an individual case and the suitability for the dispute to be resolved through mediation.

We will continue to work with the judiciary and the mediation sector to raise awareness of the benefits of mediation so that it remains an option to resolve disputes even where cases have come to court.