Frequently Asked Questions
Family mediation is a structured process in which an independent mediator helps people resolve family disputes by discussing the issues and exploring possible solutions.
It can be used for disputes involving children, finances, property and other family matters.
Not by itself.
The mediator helps you reach an agreement, but the agreement does not automatically become legally binding simply because you have reached it in mediation.
Depending on the circumstances, further legal documentation or a court order may be required to formalise the agreement.
In many family cases, you will generally need to attend a MIAM before making a relevant court application unless an exemption applies.
A MIAM is different from mediation itself. It is an initial assessment where a mediator explains the process and considers whether mediation or another form of dispute resolution may be suitable.
A MIAM is an initial meeting with a qualified mediator.
The mediator will explain how mediation works, discuss the circumstances of your dispute and consider whether mediation is appropriate.
The meeting does not necessarily mean that you and the other person have to mediate together.
Yes.
Mediation can help parents discuss practical arrangements such as where their children live, when they spend time with each parent, holidays, communication and other aspects of their care.
Yes.
Financial mediation can help separating couples discuss matters such as property, pensions, savings and investments.
The mediator remains neutral and does not decide how the assets should be divided.
No.
The mediator is independent and does not act as a judge for either side.
The aim is to help participants communicate, understand the issues and reach their own agreement.
Not necessarily.
Mediation can sometimes be conducted separately, including through different rooms or remote arrangements, depending on the circumstances and the mediator’s assessment.
This can be particularly important where direct communication would be difficult or inappropriate.
Domestic abuse can affect whether mediation is appropriate.
The mediator should consider safety and suitability before mediation takes place. In certain circumstances, you may also be exempt from the usual MIAM requirement before making a court application.
If you have experienced domestic abuse, it is important to obtain appropriate legal advice before agreeing to mediation.
Potentially.
In suitable cases, child-inclusive mediation may allow a child to have their views and feelings heard by the mediator.
You may be eligible for legal aid, depending on your circumstances.
The Government’s Family Mediation Voucher Scheme can also provide a contribution of up to £500 towards mediation costs for eligible cases, subject to the scheme’s requirements and availability.
The voucher does not automatically cover every mediation cost, and it is not used to pay for the MIAM itself.
Mediation is voluntary and does not guarantee that an agreement will be reached.
If you cannot reach an agreement, you may be able to consider other forms of non-court dispute resolution or, where appropriate, apply to the Family Court.
We can advise you on the most appropriate next step based on your circumstances.
