Divorcing and separating couples could be compelled to consider mediation before going to court under plans being examined by the Ministry of Justice.

At present, only parties who are funded by legal aid are obliged to consider mediating.

Justice minister Bridget Prentice said last week at an MoJ family mediation event that she and fellow minister Lord Bach had discussed strategies to increase public awareness and take-up of mediation. She said that included making mediation compulsory for all parties in private law cases to consider.

Prentice said the support shown by family law solicitors and other professionals present at the event could mean the MoJ will bring forward plans to introduce the change.

She stressed that the government ‘fully and absolutely’ supports family mediation, and it should not only be legally aided parties who were obliged to think about it.

‘Mediation will lead to better outcomes for individuals and for their children, but the challenge is to get the message to people at the earliest possible stage,’ she said.

Sarah Lloyd, director of alternative dispute resolution at family lawyers’ group Resolution, said: ‘We welcome any move that makes sure couples receive information at an early stage about all ADR options that are available, including mediation and collaborative law as well as counselling and legal advice.

‘The important thing is to use a process that is best suited to them.’

Mary Banham-Hall, a solicitor and director of Focus Family Mediation, said: ‘Many cases will still go down the legal route, but at least some couples who previously would have bypassed mediation, assuming it was not for them, may try it, and may be pleasantly surprised by what they can achieve for themselves with the help of a mediator.’