Family law cases often traumatic; lawyers' mental health must be prioritised: Barbara Mills KC

King's Counsel and Chair of the Bar Council of England and Wales Barbara Mills on Wednesday urged law practices in India to prioritise the mental health and well-being of its lawyers, especially those who specialise in family law.

Mills, who is also the first family law practitioner to be Chairperson since 1988, highlighted the mental trauma that not just the litigants, but even the lawyers involved in family law cases suffer. Many cases involve young children, vulnerable persons, and allegations of abuse. This is compounded by the long period of litigation that the practice area suffers from, Mills said.

"The notion that as a family lawyer, I could stay neutral in the face of my client's distress was just a falsehood ... What we know is that as professionals who are exposed to vicarious trauma and distress, which has been experienced by our clients, we too suffer the same vicariously. If you add to that the relentless pressure and high expectations that the job demands, the competitiveness required, and the repercussions of the adversarial system, it is little wonder that you can, from time to time, feel the stress and burnout," she said.

She emphasised that it is not enough to protect lawyers from physical and verbal attacks alone. Their psychological health must be protected as well.

"I have learned over the years that my well-being and those of my colleagues who sustain successful practices are not something they can do occasionally; it's something they have to do all of the time, and as chair of the Bar of England and Wales, it has been one of my priorities this year to look very carefully at the well-being. Since I announced that I was interested in it, I have been blown away by how many people have shared their stories and difficulties with me," Mills said.

She said that she hopes to see an international push for providing mental health support to family lawyers.

"What I would like to see in the profession globally is well-being losing its stigma as a sign of weakness, and to be elevated to the same non-negotiable level as you would any other business expense, whether it's your insurance or your accountant," she said.

Speaking of England and Wales, Mills said that law practices have adopted a system of reflective supervision.

"It's a reflective approach which provides space for a lawyer to analyse and evaluate their experiences, to debrief after challenging and stressful encounters, and is built into your practice, which happens regularly. We have been piloting this in England and Wales with family lawyers and criminal lawyers, commercial lawyers and civil lawyers," she explained.

Mills was speaking at a seminar organised by the Delhi Family Lawyers Association in collaboration with the Delhi High Court Women Lawyers Forum on the topic of 'Cross-cultural perspectives: Emerging trends and challenges in Family Law in England and India'.

In her keynote address, Mills highlighted both the similarities and differences in jurisprudential evolution in family law between India and England and Wales.

One aspect she highlighted is the difference in how alternative dispute resolution (ADR) methods are used in family cases.

In India, mediation, that too court-annexed mediation, is the method used. Mediation is used even when there are allegations of domestic violence.

This is absolutely frowned upon in England and Wales, Mills said.

"Here you're able to use mediation, even if there's domestic abuse and domestic violence, something that is absolutely frowned upon in England and Wales, because we take the view that if there's any kind of risk to a parent or a child, you shouldn't use mediation," she explained.

Mills added that while arbitration is not used for the dissolution of marriages, it is used for adjudicating financial and child custody disputes.

The King's Counsel suggested that the countries take lessons from each other, with both considering using both forms of alternative dispute resolution in family cases.

A robust system that uses all forms of dispute resolution, culturally informed practice, and well-supported lawyers ought to be the foundation of family law practice in the future, she said.

"For India and England and Wales alike, a robust out-of-court ecosystem must be underpinned by accessible guidance, culturally informed practice and rigorous standards that protect the weakest voices while preserving autonomy. It is equally essential in my view to focus on the well-being of family lawyers, to ensure that we have sustainable workloads, professional training, institutional support, so that those who guide families can do so with courage, compassion and technical excellence. If we invest in these elements together, as judges, practitioners and policymakers, we'll unlock a system where dispute resolution is humane, efficient, trusted and sustainable," Mills said.