Family Mediation in 2026: What You Need to Know Before You Start

Family mediation is a structured, voluntary process. A trained mediator helps separating couples work out arrangements for children, property, and money without going to court. The mediator does not take sides, make decisions for you, or give legal advice. For many people it is a more practical and less costly route than a contested court case, but it is not right for everyone.

This guide sets out the main points as they stand in 2026. It is general information only and not legal advice. If you are unsure how any of it applies to your situation, speak to a solicitor or a suitably qualified professional.

Do you have to attend a MIAM first?

In most cases, yes. A Mediation Information and Assessment Meeting, or MIAM, is a short one-to-one meeting with an accredited family mediator. Under section 10 of the Children and Families Act 2014, attending a MIAM is generally required before you make most family court applications in England and Wales.

At a MIAM, the mediator explains how mediation works and what other options exist. The mediator also screens for domestic abuse, as required by Practice Direction 3A of the Family Procedure Rules. If you have a valid reason not to attend, such as domestic abuse, you may be able to claim an exemption. The mediator will confirm this on the court form if the exemption applies.

Mediation itself is not yet compulsory before court. Government proposals on this have been under consultation, so check the position before you act.

What does it cost?

Costs vary between providers. A MIAM usually costs around £120 to £150 per person, depending on the provider, unless you qualify for legal aid. Joint mediation sessions are charged separately, typically per person per session.

The Family Mediation Voucher Scheme may help with joint sessions. It offers up to £500 per family towards mediation about children, and it is not means-tested. The Family Mediation Council has confirmed that the scheme will continue for the 2026/27 financial year. The voucher does not cover the MIAM, and it is only available through a mediator who is authorised to process it.

Legal aid is also available for family mediation, including the MIAM, for those who meet the means test. Check the current eligibility rules and thresholds using the government's legal aid checker at gov.uk/check-legal-aid before assuming you do not qualify.

What happens during mediation?

The process usually involves a MIAM, followed by joint sessions where both parties discuss their concerns with the mediator present. Some mediators also use shuttle sessions, where the parties are in separate rooms and the mediator passes messages between them.

Whatever the format, it helps to come prepared. Think about your goals before the first session. Would you like a fair financial settlement, a workable parenting plan, or better communication? Gather the information you will need, such as income and outgoings, debts, property details, and any records relating to the children.

It also helps to stay calm and focused. Speak about the issues rather than past grievances. Use "I" statements, such as "I feel concerned about the school timetable," rather than blaming language. Take a break if you need one. If children are involved, keep their wellbeing at the centre of the discussion.

Is the agreement binding?

A mediation agreement is not automatically legally binding. Often a memorandum of understanding is drawn up to record what has been agreed. To make the terms enforceable, the agreement usually needs to be turned into a consent order and approved by the court.

Before you sign anything, get legal advice. A mediator cannot tell you whether an agreement is fair or legally sound.

When is mediation not suitable?

Mediation may not be appropriate where there is domestic abuse or coercive control, a significant power imbalance between the parties, or a party who will not negotiate in good faith. It is also unlikely to be suitable where the matter is urgent and needs a court order straight away.

If mediation is not suitable, other routes may be available. These can include a court application, with the right support and advice in place.

Where can you find help?

The Family Mediation Council maintains a register of accredited mediators. You can also find information on legal aid and the voucher scheme on GOV.UK.

If you are representing yourself or supporting someone who is, remember that a McKenzie Friend can help with preparation and understanding the process, but the decisions remain with the parties.

General information only, not legal advice.