The Family Justice Review panel appointed by the Coalition Government has been charged with investigating reforms to simplify and improve the cost-effectiveness of the current family justice system. The review objectives include to:

·     examine both public and private law cases

·     explore if better use can be made of mediation and how best to support contact between children and non-resident parents or grandparents

·     examine the processes (but not the law) involved in granting divorces and awarding ancillary relief, and 

·     look at how the different parts of the family justice system are organised and managed.

The panel chairman is in favour of increased use of mediation to ease the pressure on the family justice system with rising case volumes and inherent delays in the system resulting in a cost to the State of more than £800million per year. The possibility of compulsory mediation referrals has been muted yet the panel accepts that not all cases are suitable for mediation. A greater reliance upon collaborative law is also under consideration by the panel yet there appears some hesitation due to the lack of empirical data available to assess the success of collaborative law in resolving family disputes.

The focus of the panel upon efficiency saving measures is unavoidable as the family justice system cannot be isolated from the necessity for cuts and savings. Measures are welcomed to decrease the burden on the system, reduce bureaucracy and to create momentum for much needed modernisation. A drive towards providing Court services online and accepting e-mail communications would undoubtedly save time and money. However it is unfortunate that due to the current economic climate substantive legal issues must be sidelined in favour of a procedural overhaul. Proposals for pre-nuptial agreements to become binding and reforms to the legal system governing the rights of unmarried couples are outside of the remit of the panel despite these issues being aired by the Conservatives and Liberal Democrats respectively during their election campaigns. With the Office of National Statistics predicting that the number of unmarried couples cohabiting will increase dramatically over the next 25 years, rising from £2.3 million to an anticipated £3.8 million in 2033, these pressing issues cannot be left off the agenda for too much longer.