Draft:Family mediation in England and Wales
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Family mediation in England and Wales is a form of alternative dispute resolution used by separating couples, former civil partners, or family members to resolve disputes regarding children, finances, and property without going to court. The process is confidential, voluntary, and often faster and less costly than litigation.[1]
History
[edit]Family mediation has been available in England and Wales for more than forty years. It developed alongside reforms to family law and has been promoted through legislation such as the Children and Families Act 2014 and the Family Procedure Rules 2010. Courts and government policy have encouraged its use to reduce adversarial proceedings and court backlogs.[1]
Process
[edit]The first stage is the Mediation Information and Assessment Meeting (MIAM), which assesses whether mediation is suitable for the parties and their dispute. Attendance at a MIAM is required in most cases before making certain applications to the family court.[2]
Mediators are neutral, trained professionals who help parties discuss issues such as child arrangements, financial settlements, and division of property. They do not impose decisions; any agreement is made voluntarily by the parties themselves.[3]
Legal aid may cover the cost of mediation for eligible individuals. The government’s Family Mediation Voucher Scheme offers up to £500 towards mediation in cases involving children.[4]
Benefits
[edit]Family mediation can:
- Provide greater control and flexibility over the outcome compared to court.[3]
- Reduce time, stress, and costs associated with litigation.[1]
- Help improve communication and cooperation between parties, especially where children are involved.[5]
Studies show high success rates; government evaluation of the Family Mediation Voucher Scheme found that around 70% of families reached a full or partial agreement following mediation.[6] The Family Mediation Council reports that approximately 89% of participants would recommend mediation to others, and 74% felt it improved communication with the other party.[7]
Legal and policy context
[edit]The Family Procedure Rules require applicants in most private family law cases to attend a MIAM before making a court application. Judges may adjourn proceedings to encourage mediation.[8]
The Family Mediation Voucher Scheme, introduced in March 2021, was initially planned as a temporary measure but has been extended to March 2026. As of mid-2025, more than 37,700 families have used the scheme, with approximately £18.5 million in vouchers issued.[citation needed]
Uptake and impact
[edit]Mediation activity increased significantly during the COVID-19 pandemic, with many providers offering online sessions for the first time. According to Ministry of Justice statistics:
- In the 12 months to June 2024, MIAM attendances increased by 7% year-on-year to 16,121.[9]
- Mediation starts rose by 25% in the same period to 8,597.
- Around 58% of mediations resulted in either a full or partial agreement.
A separate survey by the Family Mediation Council found that 97% of parents who engaged in mediation said they would recommend it to others.[10]
See also
[edit]References
[edit]- ^ a b c "Family mediation" (PDF). Ministry of Justice. January 2018. Retrieved 10 August 2025.
- ^ "Mediation Information and Assessment Meetings (MIAMs)". Family Mediation Council. Retrieved 10 August 2025.
- ^ a b "How family mediation works". National Family Mediation. Retrieved 10 August 2025.
- ^ "Family Mediation Voucher Scheme". Family Mediation Council. Retrieved 10 August 2025.
- ^ "Benefits of mediation". Family Mediation Council. Retrieved 10 August 2025.
- ^ "Family Mediation Voucher Scheme evaluation". Family Mediation Council. Retrieved 10 August 2025.
- ^ "Family mediation outcomes survey". Family Mediation Council. Retrieved 10 August 2025.
- ^ "Practice Direction 3A – Family Procedure Rules". Ministry of Justice. Retrieved 10 August 2025.
- ^ "Legal Aid Statistics, England and Wales, April to June 2024". Ministry of Justice. 26 September 2024. Retrieved 10 August 2025.
- ^ "Family Mediation Council annual report 2024". Family Mediation Council. Retrieved 10 August 2025.
External links
[edit]- Family Mediation Council – Professional body for family mediation in England and Wales.
- National Family Mediation – Network of family mediation services across England and Wales.
- Ark Mediation – Family mediation service based in England.
- Digital MIAM – Online provider of Mediation Information and Assessment Meetings (MIAMs).