Why Mediation Matters Now More Than Ever: Navigating the Family Court Crunch
In a letter to all users of the Financial Remedies Court London, Sir Andrew McFarlane, President of the Family Division has cast a spotlight on the looming pressures within the Family Court system. In 2025/2026 there was an expectation that 45% of sitting days are dedicated to public law cases, with only 13% allocated to financial remedies in London—up slightly from the national 9% but still a stark limitation. However, the letter goes on to state that it has become clear that the number of sitting days will in fact exceed 13% which will mean a number of hearings could be cancelled at very short notice. The resulting unpredictability makes it increasingly more difficult for family lawyers to offer any certainty to their clients in terms of timing and costs. There is an urgent need for families to consider alternative dispute resolution methods, with mediation emerging as a critical solution.
1. Beat the Court Backlog: A Numbers Game
With financial remedy cases restricted to just 13% of court sitting days, the likelihood of delays is inevitable. Mediation offers an immediate advantage here:
- Zero waiting lists compared to court delays stretching from October 2025 to March 2026.
- Cases can be resolved in weeks, not months or even years; sidestepping the bottleneck created by restricted court schedules.
2. Cutting Costs Amidst Court Constraints
Court proceedings aren’t just time-consuming—they’re expensive. As hearings are cancelled or rescheduled, legal fees accumulate often as a result of wasted costs being incurred as a result of legal teams preparing cases, which get cancelled at the last minute. Mediation, on the other hand:
- Reduces legal costs by up to 60% compared to traditional litigation.
- Requires fewer professional hours, which translates directly into financial savings.
3. More Control, Less Courtroom Drama
The rigid structure of court timetables and judicial decisions can leave families feeling powerless. Mediation flips the script:
- Parties determine schedules, terms, and outcomes—not the court.
- Flexible sessions accommodate personal commitments, unlike fixed court dates prone to last-minute changes.
4. Emotional Well-being in the Face of Legal Delays
The stress of prolonged disputes can’t be understated, particularly when court dates are uncertain. Mediation provides:
- A calmer, collaborative environment, reducing anxiety linked to adversarial courtrooms.
- Faster resolutions, minimising the emotional toll of drawn-out legal battles.
5. Confidentiality Amidst Public Proceedings
With court cases becoming part of the public record, privacy concerns are paramount. Mediation ensures:
- Complete confidentiality, allowing sensitive matters to remain private.
- Freedom to discuss issues openly without fear of public exposure.
Why Now? The Statistics Speak Volumes
Sir Andrew McFarlane’s letter doesn’t just outline administrative changes—it signals a systemic shift. The allocation of 45% to public law, 37% to private law, and a mere 13% for financial remedies in London means families will face unprecedented delays if they rely solely on the courts.
The Takeaway:
Mediation isn’t just an alternative—it’s becoming the necessity for families seeking timely, cost-effective resolutions. As court resources tighten and sitting days dwindle, mediation offers a clear path forward, empowering families to regain control over their disputes without getting lost in the backlog.
