Mediation Can Ease the Financial and Emotional Strain of Divorce Battles
By Peter Causton
The number of couples contesting financial settlements in the family courts has surged to a 15-year high, reflecting rising economic anxiety and the growing complexity of divorce cases. Ministry of Justice figures reveal that over 10,000 financial remedy disputes were contested in 2023—a staggering 66% rise compared with the previous year. Yet while litigation increases, so too do delays, costs, and emotional strain. The question must now be asked: why aren’t more separating couples turning to mediation?
Mediation, a confidential and voluntary process where an independent mediator helps parties reach a mutually agreeable solution, offers a practical antidote to the escalating adversarialism in family law.
The Cost of Conflict
While overall divorce rates have declined—down to 76,000 in 2023, the lowest since 1971—the number of financial battles waged in court is rising rapidly. The reasons are clear. Economic uncertainty, falling property values in parts of the UK, and concerns about tax changes, particularly affecting non-domiciled individuals, are making people more cautious—and more combative—about their financial futures.
This volatility is fuelling disputes, particularly in high-net-worth cases involving complex portfolios of businesses and international assets. Some parties, such as those involved in the high-profile Supreme Court case of Clive Standish, are now seeking to unravel historic financial gifts or circumvent equal division claims. Meanwhile, others are simply unable to comply with court orders due to affordability issues—unable to remortgage, unable to rehouse, and unwilling to give up their share of a rapidly shrinking pie.
Family court delays are worsening. The average time to resolve disputes over child arrangements has ballooned to 47 weeks. Financial claims can take even longer, and the costs—both legal and personal—can be enormous.
Mediation: A Smarter, Quicker Solution
In contrast, mediation offers a faster, more cost-effective route to resolution. Rather than taking sides, mediators help separating couples focus on shared interests: housing, children, financial stability, and emotional closure.
Mediation sessions are typically arranged within weeks rather than months, and outcomes are shaped by the parties themselves—not imposed by a judge. Crucially, the process is far less costly than protracted court proceedings. In a time of economic hardship, when individuals may be facing job insecurity, mortgage pressures, and tax burdens, avoiding legal bills that can run into tens or hundreds of thousands is more relevant than ever.
For high-net-worth individuals, mediation also offers privacy and discretion. As recent court battles hit the headlines, exposing sensitive personal and financial details to public scrutiny, mediation remains entirely confidential.
A Cultural Shift Needed
Despite the advantages, mediation remains underused. Many solicitors still default to litigation, and many clients mistakenly view mediation as a sign of weakness or compromise. That mindset must change. The courts are overburdened, and judges themselves have urged parties to mediate where appropriate. In some cases, courts now penalise parties in costs for refusing to engage in mediation.
The family justice system needs to embed mediation more firmly into its DNA. Early neutral evaluations, mediation information and assessment meetings (MIAMs), and judicial encouragement must be backed by better public understanding and legal culture that promotes dialogue over dispute.
Conclusion
With a perfect storm of economic pressures and legal bottlenecks converging, the rise in financial remedy disputes may be just the beginning. But it doesn’t have to be this way.
Mediation is not a silver bullet—but it is a proven, effective way of helping couples untangle their financial lives without destroying their future stability. It is time to make mediation the first port of call, not the last resort.
Peter Causton is a civil and commercial mediator and Director of ProMediate (UK) Limited. For more information about financial mediation services, visit www.promediate.co.