Family Mediation in the UK: How It Works, Costs and Benefits Explained

Family mediation is a voluntary and confidential process in which a trained, independent Family mediator helps you work out arrangements with your former partner or spouse regarding children, finances, or property.

The mediator is there to help you find solutions that work for both of you and to explain how to make the agreement you reach legally binding, should you wish to do so.

Family mediation can help if your relationship has broken down and you need to sort out practical issues such as where your children will live and what time they spend with each parent, and/or how the finances will be divided on divorce..

While mediation itself is voluntary, attendance at a mediation information and assessment meeting (MIAM) is generally required before an application can be made to the court, unless an exemption applies.

A mediator works with the parties to help them reach a mutually acceptable agreement which is recorded in a without prejudice memorandum of understanding.

Family mediation can support discussions on a wide range of matters, including:

• Child arrangements: where children live, how often they spend time with each parent, schooling, holidays, and communication
• Financial issues: division of assets, property, pensions, savings, debts
• Interim arrangements: temporary living arrangements or interim financial support
• Future co‑parenting: communication methods, decision‑making, routines

Discussions in mediation are private and confidential, and cannot be referred to outside the mediation session, save with your legal adviser.

The without prejudice nature of negotiations in mediation ensures that each participant is able to freely engage in settlement discussions without fear that their views will later be relied upon in court.

Following mediation, the participants must take independent legal advice to ensure that the agreement reached in mediation is embodied into a consent application which will be approved by the court.

Mediation is often cheaper than going to court. Mediator fees are typically shared between the parties and fixed, which means that you have certainty over what you are spending.

From 26 March 2021, the family mediation voucher scheme was introduced to offer a financial contribution towards mediation costs for eligible cases. It is possible to apply for a £500 family mediation voucher to assist with the cost of mediation. 

You will be eligible for the family mediation voucher scheme if your dispute concerns a child or your dispute concerns a financial matter where you are also involved in a dispute relating to a child. The mediator will apply for the voucher funding, and the funds will be paid directly to the mediator upon completion of the sessions.

Legal aid may be available to cover one mediation session after the mediation information and assessment meeting for eligible parties.

Mediation can be a highly effective option if:

• You want to resolve matters amicably
• You are willing to communicate and compromise
• You want to maintain a positive co‑parenting relationship
• You prefer a quicker, more flexible process than the court system
• You want more control over the outcome

Mediation may not be suitable if there are safeguarding concerns, domestic abuse, or a significant imbalance of power. These issues will be assessed during your MIAM.

Our Family Law team regularly supports clients through mediation, alongside tailored legal advice to ensure any agreement is fair, workable and legally robust.

Jane Tenquist, Head of the family team, is an accredited mediator and family solicitor with over 35 years’ experience.

Jane can undertake MIAMs and conduct joint mediations concerning both children and financial matters. Sessions are available in person or remotely in our well-equipped non-court dispute resolution suite.