All You Need To Know About Family Mediation

Key Points
- Mediation helps families resolve disputes constructively, with the support of trained Mediators.
- Rule changes in April 2024 increased court powers to direct mediation and tightened exemptions from attending a MIAM.
- The Mediation Voucher Scheme has been extended to March 2026, offering up to £500 towards costs for cases involving children.
- Agreements from mediation can be recorded and made legally binding through consent orders.
- Courts may impose costs penalties on those who unreasonably refuse to engage in mediation.
Mediation is now central to the resolution of family disputes in England and Wales. Courts strongly encourage it, recent reforms have given it new weight, and families increasingly rely on it to reach fair solutions without the cost and delay of litigation.
This guide explains how mediation works, what the latest legal changes mean for parents and couples, and how to prepare for the process. It is intended for separating partners, parents in conflict over child arrangements, and families with wider disputes that might otherwise end up in court.
What is family mediation?
Family mediation is a structured process in which a neutral Mediator helps people in conflict communicate and negotiate. The Mediator does not decide the outcome but facilitates discussion so families can reach their own agreements.
Mediation is suitable for a wide range of disputes, including:
- Child arrangements (living and contact schedules).
- Financial matters after separation or divorce.
- Property division for cohabiting couples.
- Wider family disputes, such as grandparent contact.
It is not appropriate where there is no willingness to negotiate or where safeguarding risks cannot be effectively managed.
What is the law around family mediation?
Family Procedure Rules Updates
Amendments to the Family Procedure Rules came into force in April 2024. The most significant changes include:
- Stronger requirements to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court.
- Tighter scrutiny of claimed exemptions, with judges examining whether parents are genuinely unable to attend.
- New court powers to adjourn cases for mediation where appropriate.
- Costs sanctions may be imposed where a party has unreasonably refused to consider mediation.
These updates mark a shift in culture. Parents are now expected to view mediation as a standard part of the process, rather than an optional extra.
No Absolute Mandatory Mediation
In April 2024, the government confirmed it would not impose absolute mandatory mediation in family cases. Concerns were raised that compulsory mediation could undermine its effectiveness. Instead, the approach is one of robust encouragement backed by judicial powers to penalise non-engagement.
The Mediation Voucher Scheme
The government’s Mediation Voucher Scheme has been extended until March 2026. Families with disputes about children can receive up to £500 towards the cost of mediation sessions. This support has proved effective in improving access and reducing the number of contested cases before the courts.
How does the mediation process work?
The first step is attending a MIAM. Here, the Mediator will explain the process, assess whether mediation is suitable, and screen for risks such as domestic abuse. Attendance at a MIAM is usually required before applying to court.
Parents and couples can find Mediators through the Family Mediation Council Register, which lists accredited professionals across England and Wales. Your Family Law Solicitor can also assist you with finding a Mediator who is experienced in the type of dispute you and your ex-spouse/ex-partner are having.
During mediation sessions, the Mediator sets an agenda and ensures both sides can speak and be heard. Sessions may be joint or separate, depending on the circumstances. The process is confidential, encouraging openness and problem-solving.
Where children are involved, especially older children, their voices may be considered. Specially trained Mediators can meet with children to gather their views, which are then fed back into the process with their consent.
Outcomes reached in mediation are recorded in a Memorandum of Understanding. While not automatically legally binding, these agreements can be drafted by a Family Law Solicitor to create a Consent Order or Child Arrangement Order which, if approved by the court, will be legally binding on both parties.
Is mediation suitable for all family law disputes?
Mediation may not be suitable in cases involving domestic abuse unless strict safeguards are in place.
Some disputes require careful consideration by the Mediator to ensure both parties are heard fairly and are able to speak freely. On the other hand, mediation can be extremely effective in cases one would typically expect to land straight onto a judge’s bench. One example of this is high-net-worth divorce. In our experience, if a couple is prepared to listen to each other and has a positive mindset concerning mediation, then using mediation to apportion wealth and property fairly can save them tens of thousands (and often more) of pounds.
It is important to note that you do not have to be in the same room as your ex-partner or spouse to engage in mediation. In addition, there are several different types of mediation, including hybrid mediation, co-mediation, and child inclusive mediation. Your Family Law Solicitor can help you decide which is best for your situation.
What happens after family mediation?
Agreements should be reviewed periodically, particularly child arrangements, which may need to evolve as children grow older. Parents can return to mediation to make adjustments without involving the court.
If mediation fails or agreements break down, parents can apply to the court. Judges will want to see evidence that mediation was attempted or properly considered.
Concluding comments
Mediation is not the right path for every type of family law dispute, but for many it provides a constructive, affordable, and child-focused way forward.
Families who approach mediation with openness and a commitment to the welfare of their children often achieve outcomes that reduce stress, promote cooperation, and allow them to move forward with greater confidence and peace. It can also help couples who struggle to communicate effectively learn to talk and, most importantly, listen to each other. The difference this can make for couples with children can not be overstated.
FAQs
How long does family mediation take?
Many disputes are resolved within two to four sessions, although complex financial cases may take longer.
Can children take part in mediation?
Yes. Specially trained mediators can involve children where appropriate, ensuring their voices are heard in a safe and supportive way.
Is mediation cheaper than going to court?
Yes. Even without vouchers or legal aid, mediation is usually far less expensive than contested litigation.
What happens if one parent refuses to mediate?
If refusal is unreasonable, the court may penalise that parent through costs orders. The court also has powers to adjourn cases to allow mediation.
Can agreements made in mediation be enforced later?
Yes. Agreements can be turned into Consent Orders or Child Arrangement Orders, which are legally binding and enforceable.
If you want to discuss resolving a family law dispute through mediation, please call our office today on 02476 231000 or email enquiries@askewslegal.co