A Guide To Family Mediation

Reasons to choose Wilson Browne

Voluntary participation
Everyone involved, including the mediator, must agree that mediation is appropriate.
Confidentiality
Discussions remain private unless there are concerns about the safety of a child or vulnerable person, or where unlawful activity must be disclosed.
Mediator impartiality
The mediator remains neutral and supports constructive negotiation between both parties.
Participant-led decision making
Any decisions or agreements are made by the participants themselves.

These principles form the foundation of family mediation in England and Wales.

The Family Mediation Process

Stage 1: MIAM (Mediation Information and Assessment Meeting)

The first step is usually a Mediation Information and Assessment Meeting, often called a MIAM.

During this meeting, the mediator will:

explain how mediation works,
discuss alternative dispute resolution options,
identify the issues that need resolving,
explore sources of legal, financial, or emotional support,
and assess whether mediation is suitable.

Common discussion topics include:

child arrangements,
financial matters,
property,
and immediate priorities.

Initial discussions are usually held separately with each person before deciding whether joint sessions are appropriate.

Before mediation can proceed, everyone involved must sign an Agreement to Mediate.

Stage 2: Joint Mediation Sessions

If mediation moves forward, joint meetings take place between the participants and the mediator.

Typical Session Structure:

Sessions are usually around 90 minutes long.
Most cases involve between 1 and 5 sessions.
Meetings are arranged at times that work for everyone involved.

More than one session is often helpful because it allows:

time to reflect,
testing of proposed arrangements,
and gradual progress toward workable agreements.

The mediator may also provide neutral legal information to help participants consider realistic outcomes.

In many cases, mediation reaches solutions more quickly than a full court process.

Stage 3: Reaching an Agreement

If agreements are reached, the mediator can prepare a Memorandum of Understanding summarising the proposals.

This document can later be used by solicitors to prepare:

a Consent Order,
or another legally binding agreement.

Participants are encouraged to seek independent legal advice before finalising arrangements.

If some issues remain unresolved, mediation can still be valuable because it often narrows the areas of disagreement before court proceedings are considered.

The Agreement to Mediate confirms that participants understand and accept the mediation process and its confidentiality rules.

By signing, participants agree that mediation discussions:

are confidential,
cannot normally be used as evidence in court,
and will not be included in witness statements or affidavits.

There are limited exceptions where disclosure may be necessary, including:

safeguarding concerns,
significant risks to health or safety,
money laundering,
or other unlawful activity.

If mediation is assessed as unsuitable, the mediator can complete the necessary court documentation so that an application to court may proceed.

Costs of Family Mediation

MIAM Costs

The initial MIAM costs:

£248 plus VAT (£49.60)
Total: £297.60 per person

Ongoing Mediation Costs

The cost of ongoing mediation depends on:

the number of sessions required,
and the complexity of the issues being discussed.

Who Pays for Mediation?

If MIAMs are held separately, each person pays their own fee.
Joint MIAMs and future mediation sessions are usually split equally between participants.

Frequently Asked Questions (FAQ)

Is family mediation compulsory?

No. Family mediation is voluntary. However, attending a MIAM is often required before applying to court in family law matters unless an exemption applies.

Is mediation confidential?

Yes. Mediation discussions are confidential except in limited circumstances involving safeguarding concerns or unlawful activity.

How long does family mediation take?

Most cases involve between 1 and 5 sessions, depending on the complexity of the issues and how quickly agreements can be reached.

Can mediation help with child arrangements?

Yes. Mediation commonly helps parents agree arrangements relating to:

living arrangements,
contact schedules,
schooling,
holidays,
and communication.

Is a mediation agreement legally binding?

Agreements reached during mediation are not automatically legally binding. However, they can be converted into legally enforceable court orders or formal agreements with legal advice.

What happens if mediation does not work?

If full agreement cannot be reached, participants can obtain legal advice and consider court proceedings. Even where mediation does not fully resolve matters, it often helps narrow the issues in dispute.

Is mediation suitable for everyone?

No. Mediation may not be appropriate in some situations, including certain cases involving abuse, intimidation, safeguarding concerns, or inability to negotiate safely and fairly.

Can grandparents use family mediation?

Yes. Wider family members, including grandparents, may use mediation to discuss family contact arrangements and other disputes.

If you would like to know more, please contact our Specialist Family Mediation Team on 0800 088 6004