Family Law Mediation FAQs
Summary
- Mediation remains voluntary, but attendance at a MIAM is required in most cases unless an exemption applies.
- Amendments to the Family Procedure Rules in 2024 increased scrutiny of MIAMs and gave judges wider powers to adjourn for mediation and penalise non-engagement.
- The Mediation Voucher Scheme has been extended until March 2026, offering families up to £500 towards mediation costs.
- Mediation helps families resolve disputes quickly and confidentially, with agreements that can be turned into binding consent orders.
- Research shows mediation reduces court backlogs and improves outcomes for children by minimising conflict.
Family mediation has become an increasingly important means of resolving disputes for separating couples and parents. In 2025, courts in England and Wales continue to emphasise the value of mediation as a means to reduce conflict, expedite proceedings, and safeguard children from the adverse effects of prolonged disputes.
Recent amendments to the Family Procedure Rules and an extension of the government’s Mediation Voucher Scheme show a continued drive to make mediation accessible and effective. This FAQ sets out what parents, couples, and families need to know about mediation.
What is family mediation, and who can use it?
Family mediation is a process where an independent, trained Mediator helps separating couples or family members reach agreements about issues such as child arrangements, dividing property, and finances. It is suitable for most divorcing parents, cohabiting couples, and extended family members, provided both sides are willing to engage.
The Mediator does not take sides or make decisions. Their role is to guide discussion, reduce conflict, and help participants create workable agreements.
Is mediation compulsory?
Mediation itself is not compulsory. However, before making many applications to the Family Court, parents must attend a Mediation Information and Assessment Meeting (MIAM) unless exempt.
Exemptions apply where there is evidence of domestic abuse, urgency, child protection concerns, or previous mediation within a defined period. However, mediation is strongly encouraged. A Family Court Judge has the power to adjourn proceedings to allow mediation and may take a dim view of parties who refuse without good reason.
What are the latest rule changes about mediation?
Amendments to the Family Procedure Rules, in force since April 2024, tightened the framework around mediation:
- Stricter scrutiny of MIAM attendance, with courts checking carefully whether exemptions are valid.
- New standardised forms to record mediation engagement.
- Wider powers for judges to adjourn cases for mediation.
- The possibility of costs orders where parties unreasonably refuse to engage.
These changes mean courts now expect parties to show a genuine effort in considering mediation before and during proceedings.
How does the Mediation Voucher Scheme work?
The Mediation Voucher Scheme helps families pay for mediation sessions relating to children. Eligible families receive up to £500 towards costs.
In 2024, the government confirmed an extension of the scheme until March 2026, recognising its success in supporting families and reducing court pressures. Parents can apply through their mediator, who makes the claim directly once eligibility is confirmed.
What happens in a mediation session?
Mediation sessions are informal compared with going to court. The Mediator sets ground rules and allows each person to share their concerns. Discussions focus on identifying issues, exploring options, and agreeing on outcomes.
Sessions are confidential. Agreements reached can be written into a memorandum of understanding. If parents want legal enforceability, this document can be turned into a Consent Order or Child Arrangement Order by a Family Law Solicitor.
Is mediation suitable where there’s domestic abuse?
Mediation may not be appropriate where one parent feels unsafe or unable to speak freely. Victims of domestic abuse may be exempt from attending a MIAM.
For those who still wish to try mediation, safeguards may include separate rooms (shuttle mediation) or remote sessions. Your Family Law Solicitor will explain everything to you and ensure your safety and security are paramount concerns.
How do I find a qualified mediator?
The Family Mediation Council (FMC) maintains a national register of accredited mediators. Parents should check that the mediator is accredited (FMCA or FMA) and has experience with the type of issues involved, whether financial or child-focused.
Qualities to look for include impartiality, clear communication, and experience in helping families with complex needs.
What happens if mediation fails?
If mediation does not result in an agreement, an application can be filed in the Family Court. The Mediator will provide a certificate confirming attendance at a MIAM, which is required to issue an application.
A Family Court Judge may still ask why mediation failed and whether further attempts should be made. Refusal to mediate without good reason can result in costs orders, particularly where the court believes mediation could have worked.
How is mediation funded?
Funding options in 2025 include:
- Mediation Voucher Scheme: up to £500 towards costs for cases about children.
- Legal aid: available for those who meet the financial criteria or where there is evidence of domestic abuse.
- Self-funding: where neither vouchers nor legal aid apply, families pay privately. Fees vary depending on the Mediator and the complexity of the dispute/s.
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
