Mediation in family break-up opposed

Resolution, which represents 6,000 family lawyers and professionals, said mediation could be inappropriate in as many as two in five cases.

Justice Minister Jonathan Djanogly has said the process of separation and decisions about children could be made simpler if families chose mediation.

But Resolution said this would have been unsuitable in 5,416 of the 13,315 legal aid cases (41 per cent) involving the association’s members.

David Allison, the group’s chairman, said: “The organisation welcomes the Government’s desire to see fewer family cases going through the court system.

“However, there needs to be support for those for whom mediation is inappropriate, which, according to the survey, could be in as many as 40 per cent of cases.

“We are concerned that, by focusing so heavily on mediation, the Government will punish those for whom it simply won’t work through no fault of their own – for example, if they have an abusive or uncooperative partner.”

Speaking as the £350m-a-year cuts outlined in the Government’s Legal Aid, Sentencing and Punishment of Offenders Bill are expected to face fierce opposition in the Lords, he added: “It is clear that the Government’s proposed legal aid cuts could bring devastating consequences.”

Campaigners say that under the reforms, 600,000 people would no longer receive legal aid, 68,000 children would be affected by the removal of legal aid in family cases, and 54,000 a year fewer people would be represented in family courts.