Family breakdown is never easy, and navigating the practical and emotional challenges that follow can feel overwhelming.
The family team at Myerson are all members of Resolution, an organisation of family law professionals committed to helping separating couples with matters in a way which is constructive, cost‑effective and child‑focused.
Our Family Lawyers explain everything you need to know about Family Mediation in the UK.
What is family mediation?
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.
How does mediation work in family law?
The first steps it to attend a mediation information assessment meeting (MIAM) with a mediator. At the MIAM, the mediator will discuss with you whether mediation is suitable for your situation and explain other options for non-court dispute resolution.
If you both agree to try mediation, the mediator will arrange a joint mediation session for you both to attend in person, or remotely via Teams or Zoom.
Mediation can take place in person, but if you do not want to be in the same room as the other party, it can take place remotely or by shuttle mediation.
Shuttle mediation is where you and your partner are in separate rooms, and the mediator shuttles between you to ascertain your respective positions and relay these to the other person.
What issues can family mediation help resolve?
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.
What are the benefits of family mediation?
Mediation is the most cost-effective route to reaching an agreement on finances or child issues following separation. The mediation process may also be the quickest route to settlement.
Mediation sessions can be tailored at a pace that suits the parties. Some parties may prefer to work through issues over several sessions, while others may want to resolve matters more quickly. The mediator will help you decide how many sessions are needed and over what time frame.
Even if a few mediation sessions are required, the process will likely be quicker than court proceedings, meaning that you will be able to move on with your life sooner.
Mediation is generally less acrimonious than court proceedings, with both parties working together to explore solutions. It can be less stressful with less conflict between you and your partner.
Mediation can help maintain communication, and if you have children, it can better support your co-parenting relationship.
If you can reach an agreement at mediation or outside of court, you will retain control, and you will have more say about what happens.
In court proceedings, a judge will decide what happens if an agreement cannot be reached. At mediation, the parties make the decisions.
How much does meditation cost?
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.
Is mediation legally binding?
Mediation is voluntary and confidential, and any proposals made are on a without prejudice basis.
If you reach an agreement, the mediator can prepare documents such as:
- A Memorandum of Understanding (summary of what has been agreed)
- An Open Financial Statement
These documents are not legally binding on their own, but they can be turned into a legally binding court order via a solicitor if both parties wish.
A financial consent order can be prepared to record the terms of the agreement reached.
Once approved by the court, the consent order would be binding and enforceable.
Is family mediation right for me?
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.
Family Mediation vs Court: What’s Right for Your Family?
Contact Our Family Team
If you are considering family mediation or need guidance on resolving matters following separation, speak to our expert Family Law team today for clear, tailored advice.