The latest figures reveal a family justice system under immense pressure. Across the region, a shortage of judges and an increase in self-represented “litigants in person” mean that simple disputes over child holiday rotas or asset divisions are taking months to even get a first hearing.

The longer a dispute drags on in court, the higher the emotional and financial cost. Children are left caught in the middle of parental conflict while waiting for a judge to make decisions that parents are usually better equipped to make themselves.

Family mediation sidesteps this queue completely. Instead of waiting nearly a year for a court date, most couples who choose mediation can resolve their child and financial arrangements within 2 to 4 sessions.

Judges Are Punishing Those Who Refuse to Mediate

The courts are actively pushing back against unnecessary litigation. Under strict rules governing family procedures, judges now have the power to stop court proceedings (known as “adjourning” a case) if they feel a couple hasn’t properly considered Non-Court Dispute Resolution (NCDR), like mediation.

If one party unreasonably refuses to attend mediation and insists on going to court, the judge can order them to pay the other party’s legal costs. Going to court out of spite or refusing to negotiate is now a very expensive mistake.

At Kent Family Mediation Service, we can help you bypass the court drama, even better? The government will likely pay for it if you are eligible for Legal Aid or the £500 government mediation voucher.