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21 February 2025 / Stuart Hanson
Issue: 8105 / Categories: Opinion , Family , Mediation , ADR , Divorce , Legal aid focus
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Mediation vouchers: a short-term patch

208722
Stuart Hanson on why mediators should not be celebrating the repeated extension of an inadequate scheme

The recent announcement that the Ministry of Justice (MoJ) has extended the Family Mediation Voucher Scheme by another 12 months has been met with praise from some quarters, including the Family Mediation Council (FMC). The FMC has highlighted that ‘early analysis from the first 7,200 families to use the scheme showed more than two-thirds reached agreement without the need to go to court’—on the surface, this sounds like a success story worth celebrating.

However, beneath the headlines lies a set of deeper concerns that the mediation profession—and the public—should not ignore. While the voucher scheme has undoubtedly encouraged some separating couples to explore mediation, it also masks the ongoing underfunding of family mediation and the wider issues surrounding access to justice in private family law cases.

Since the removal of legal aid for most private family law disputes in 2013, family mediation was promoted as the government’s flagship alternative to court

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

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EIP—Rob Barker

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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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