Proposals will see mediation become mandatory in all suitable low-level family court cases excluding those which include allegations or a history of domestic violence. This will mean separating couples have to attempt to agree their child custody and financial arrangements through a qualified mediator with court action being a last resort.

It is expected the move could help up to 19,000 separating families resolve their issues away from the courtroom, while also reducing backlogs, easing pressures on the family courts and ensuring the justice system can focus on the families it most needs to protect.

The government’s Family Mediation Voucher Scheme will also be extended until April 2025 backed by an additional £15 million in funding. The scheme provides separating couples with vouchers worth up to £500 to help them solve disputes through mediation and has so far supported over 15,300 families.

Making mediation compulsory aims to allow the family courts to better prioritise and provide protection for the most serious cases with safeguarding concerns where it is not an option, such as domestic abuse and child safety. It is estimated that 36,000 vulnerable families each year will benefit from faster hearings and quicker resolutions as a result.

Justice Secretary Dominic Raab said: “When parents drag out their separation through lengthy and combative courtroom battles it impacts on their children’s school work, mental health and quality of life.

“Our plans will divert thousands of time-consuming family disputes away from the courts – to protect children and ensure the most urgent cases involving domestic abuse survivors are heard by a court as quickly as possible.

“The overhaul could also introduce a new power for judges to order parents to make a reasonable attempt to mediate with possible financial penalties if they act unreasonably and harm a child’s wellbeing by prolonging court proceedings.”

Mediation is a process in which couples work through their differences with a trained and accredited mediator to reach agreements such as how to split assets or arrange child contact times, rather than have a judge decide for them.

Chair of the Family Mediation Council, John Taylor, said: “Family mediation can play a really positive role in producing better outcomes for separating families, and in reducing the burden on courts. This consultation shows that Ministers recognise its value in helping separating couples make parenting and financial arrangements without the stress and delays involved in going to court.”