A new practice direction that will encourage parties in family proceedings towards mediation comes into force today.

The president of the Family Division released the new Private Law Programme practice direction last week, with greater emphasis on conciliation.

Under the new programme, a mediator will ask the parties to waive privilege and allow them to see the papers at the first hearing, where appropriate. The court will then attempt to resolve the case through mediation. But the programme states that no pressure should be brought to bear on the parties to mediate.

Elspeth Thomson, co-chair of the children committee at family lawyers group Resolution, said she welcomed the spirit behind the new rules, but was concerned that they were not realistic. She said: ‘This sounds great in theory. But I hope [the courts] are going to be able to pay for this. I would question whether there are enough mediators in all the courts, particularly in rural areas.’

She added: ‘Parties will have to see the mediator, but they must not be forced to mediate… We need to be alive to the fact that people are being given information, not being forced down that mediation route.’

Revisions to the Public Law Outline (PLO), which applies to care proceedings, also come into force today. The amendments are designed to reduce the burden of documentary requirements and improve the PLO forms.