Frequently Asked Questions about Mediation

Frequently asked questions about mediation vouchers, legal aid, child inclusive mediation, and more.

What is mediation?

Mediation is a negotiation between two or more participants that happens with the help of a third party – the mediator. It provides a lower-conflict and lower-cost alternative to taking familial disputes through the court system.

What is a family mediation voucher?

Vouchers are available through the family mediation voucher scheme, which is a limited-time programme intended to assist families in resolving their legal disputes without going to court. Eligible participants may receive a financial contribution of up to £500 to cover the costs of mediation. The vouchers are not based on income, but the sessions must be about children arrangements.

You can find detailed information about the voucher scheme in this guidance.

Am I eligible for legal aid funded mediation?

Eligibility for legal aid depends on your income. Low-income individuals may qualify for legal aid to help pay for

  • Mediation Information and Assessment Meeting (MIAM)
  • Mediation sessions
  • Legal help alongside mediation

You might be able to get legal aid for other kinds of legal help if your case isn’t suitable for mediation.

Legal aid may be available to one or both participants, and each person is assessed separately. Even if only one person can get legal aid, the cost of the MIAM and the first full mediation session will be covered for both participants.

Check if you can get legal aid here.

I do not provide legal aid funded mediation.

What is the role of a mediator?

Mediators facilitate discussion and guide participants in mediation toward mutually acceptable agreements. Mediators do not make binding decisions. Participants are free to explore other options if they cannot settle with the mediator’s help.

Mediators are responsible for a variety of tasks, for example:

  • Facilitating communication between participants to guide them toward mutual agreement
  • Clarifying the issues, concerns, needs, and interests of all parties affected by the mediation outcome
  • Conducting initial meetings with participants to outline the mediation process and assess the suitability of a case for mediation
  • Informing participants about relevant laws, regulations, policies and options
  • Preparing settlement agreements and other documents

What is child inclusive mediation?

Child Inclusive Mediation allows children to be consulted about the decisions that their separated parents are making regarding the future of their family. Research shows that involving children in post-separation decisions can benefit their mental health and help parents resolve issues.

Children’s participation in mediation depends on their age and understanding of the family situation. The Code of Practice mandates that mediators inform parents of all children and young people aged 10 and above about child-inclusive mediation.

A specially trained mediator will meet separately with the child and listen to their wishes and feelings. Then, the mediator will ask the child what they would like to convey to their parents. Child-inclusive mediation allows parents to consider their children’s wishes and feelings in future decisions, while the decision-making role remains with the parents.

6.6.1 The Mediator must encourage the Participants to consider the children’s wishes and feelings. All children and young people aged 10 and above should be offered the opportunity to have their voices heard directly during the Mediation, if they wish.

Is our decision legally binding?

No, your decision is not legally binding. However, you can ask the court to change it into a court order (consent order). Your solicitor will help you to file a court application. You can also represent yourself; you will then act as a litigant in person. It is not uncommon for individuals to represent themselves in family court, and there are many resources available to help you during the court proceedings.

When do I need legal advice?

Usually, it is advisable to seek legal advice when:

  • deciding on any legal matter discussed in mediation
  • considering any proposals exchanged in mediation
  • turning your agreement reached in mediation into a consent order
  • preparing any court applications

Your mediator will tell you when you may need legal advice. Your agreement to mediate will also specify those circumstances.

What should we do if the agreement doesn’t work out?

If, for any reason, your agreement does not serve its purpose, you can modify it in one of the following ways:

  • negotiate necessary changes between yourselves
  • return to mediation
  • try another option of non-court dispute resolution

You can also include a clause in your agreement that addresses making changes to it.

What should we do if the mediation breaks down?

When you cannot reach an agreement in mediation there are other non-court dispute resolution options available, for example:

  • collaborative law
  • arbitration (private judgement)
  • early neutral evaluation
  • If none of those options work or are available, you can go to court.