FAQs

Family mediation is a process where an independent, professionally trained mediator helps you and your former partner work out arrangements for your children and finances following separation, or during or after a divorce.

The process of mediation is designed to be quicker, cheaper, and less stressful than going to court or solely relying on solicitors. It begins when you are invited to attend a confidential, 60-minute Mediation Information and Assessment Meeting (MIAM) without your former partner. The MIAM’s purpose is to assess your suitability for mediation and inform you about mediation and other available resolution options. Once both you and your former partner have attended a MIAM, you will be asked if you wish to proceed with mediation for your children, your finances, or both. Following mediation, documents will be drafted that formally outline the agreements you have reached.

Confidentiality is a core principle of family mediation: any discussions, emails, phone calls, and other correspondence that occur during the process are private, meaning they cannot be seen by anyone else, including the court. The only documents the court will see are your final outcome documents related to your finances and children. The only things that your mediator cannot keep confidential are if someone has experienced significant harm, is at risk of suffering significant harm (safeguarding concerns), or if financial fraud is suspected.

A Mediation Information and Assessment Meeting (MIAM) is your very first step toward family mediation. Sometimes called an intake meeting or pre-mediation, the MIAM is a confidential session between you and the mediator. Its purpose is twofold: to allow you to learn about mediation and other available resolution options, and to give the mediator a chance to assess whether mediation is safe and appropriate for your specific situation.

The cost of family mediation in the UK can vary significantly, as services may charge hourly rates, per session fees, or offer full-service packages. It is common for some services to charge extra for Out of Hours appointments, such as early morning or weekend sessions, and for specialized methods like shuttle mediation. When selecting a mediator, it is crucial to understand the total costs involved, from the initial MIAM up until the issuance of your final documents.

For former partners who don’t qualify for legal aid, they typically each pay the costs of their MIAM and mediation separately, although sometimes they agree to pay jointly from their family income, or one partner may voluntarily cover the whole cost, which is not a legal requirement. 

Former partners with children under 18 attending mediation may benefit from a shared £500 reduction in fees through the Mediation Voucher Scheme. 

To claim legal aid, you must prove you meet the financial criteria for both income and capital (savings and property); you are likely to qualify if you receive benefits such as Universal Credit, Income Support, Income-related Job Seeker’s Allowance, Income-related Employment and Support Allowance, or Guarantee Credit.

The agreements you make in mediation for finances and child arrangements can later become legally binding after the process is complete.

The decisions you and your former partner reach in mediation for both financial matters and child arrangements are typically cheaper, faster, and less stressful than resolving disputes through solicitors or the courts.

Turning Agreements into Orders

• For Finances: Your financial agreement can be drafted into a Legal Consent Order by a solicitor and then submitted to the court. Once approved by the court, this becomes a legally binding contract between you and your former partner.
• For Children: After mediation, your Parenting Plan can be submitted to the court to be formally recognized as a Child Arrangement Order.

At minimum, the Court will expect you to attend a Mediation Information and Assessment Meeting (MIAM) through a qualified mediator before you can apply to the court. In some cases where there is significant evidence of domestic violence, attending a Mediation Information and Assessment Meeting (MIAM) may not be required.

Yes. Mediated agreements can be made into a court order as long as the agreements and mediation documents meet the rigorous standards of the court and are in line with Family Mediation Council (FMC) procedures and best practice.

Your family mediator is there to treat you both equally and fairly. Emails and texts can be helpful in Family Mediation to confirm important information such as the contact details for your solicitor or to recall factual information (like the date you submitted a divorce application). However, in most cases, emails or texts demonstrating your former partner’s character will not be helpful during family mediation. If you have concerns about previous communications with your former partner, your Family Law solicitor will give you tailored advice on how texts and emails can be used as part of a different dispute resolution process.

Family mediation can be an option in some, but not all, cases involving domestic violence. Mediation is only suitable when both former partners are able to make independent decisions without feeling threatened or pressured. To ensure safety, mediators frequently use techniques like Shuttle Mediation, where participants are kept separate in different physical or virtual rooms, or they schedule sessions to take place on different days or times.

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