Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to the Answer of 13 July 2015 to Question 6853 on Mediation: Family Proceedings, what steps he is taking to promote the use of existing powers in family procedure rules to refer people to family mediation at any stage in proceedings.

The Government remains committed to support mediation as an effective way for separating couples to resolve disputes about finances on divorce and child arrangements, when it is safe and appropriate to do so. The existing legislation is clear that at every stage during the court process the judge should consider whether non-court dispute resolution is appropriate, and may adjourn proceedings to enable parties to obtain information and non-court dispute resolution or, where parties agree, to enable this to take place. This is in addition to the statutory requirement for prospective applicants to certain proceedings to attend a MIAM (Mediation Information and Assessment Meeting), unless they are exempt, and to consider dispute resolution services such as mediation, before applying to court. Training and guidance on the court’s powers is available for the judiciary and court staff. Judges are free, however, to exercise their discretion based on the circumstances of each case. We continue to work with the judiciary, HMCTS and the mediation sector to promote awareness of mediation and its benefits.