There has been a 50% fall in the number of family mediators offering legal aid since 2018 meaning it is ‘increasingly difficult for the public to access legal aid for family mediation’ according to a new report from the Family Mediation Council published as part of its 10th anniversary celebrations.
The report goes on to highlight public awareness and engagement in family mediation is on the increase, in part because of changes to family procedure rules in May 2024 which mandated the majority of separating and divorcing couples first attempt non-court dispute resolution methods, like mediation, for addressing children arrangements and financial matters before going to court. But funding remains a major concern given the average cost of mediation for finance issues is between £500 and £1,500. There is a danger that low-income families may soon be unable to access legally aided family mediation said the FMC at its London conference.
The report goes on to say:
“About a quarter of mediators who offer legal aid have stopped taking on new legal aid cases in the past year. Furthermore, 55% say they envisage a point over the next year where they/their firm will need to stop taking on new legal aid cases, or ringfence time spent on them.
“The reduction in legal aid mediators is primarily driven by mediators not being able to afford to offer services on legal aid rates, which have remained unchanged for 25 years.”
This is despite the apparent success of mediation and the current voucher scheme which offers £500 toward the cost of mediation. Analysis of the scheme suggests 69% of families in mediation resolved issues and did not go on to court or went only for a consent order (this does not include cases where family mediation resolved some issues and families proceeded to court on narrowed issues)
On public perception and awareness the report says ‘most people have some level of awareness of family mediation and its purpose.’ A 2025 survey by the FMC showed that two thirds of adults in the UK were very or somewhat aware of family mediation, with only 16% not being at all aware The same poll showed that 30% of people would turn to family mediation first, with 45% going to a lawyer first, and 19% unaware of where to go. Legally aided mediation starts for 2024/25 increased by 37% from the previous year, and the FMC’s 2025 survey of mediators showed 58% of mediators had seen a ‘significant increase’ in the amount of mediation they conducted in the past 12 months, with an average increase of 22%. Mediators have indicated that about 70% of cases proceed to mediation if both parties attend a MIAM and a 5% increase in the number of people attending MIAMs from 2023/24 to 2024/25, tells us that more people are choosing mediation following a MIAM than they were previously said the FMC. However, legal aid statistics show that about a third of cases cannot result in mediation because the second person does not attend with reasons often withheld. If respondents had been required to attend a MIAM in 2024/25, this would have resulted in c 4,200 additional legally aided mediations.
The report concludes there are a number of key messages which will form the basis of future benchmarking including the need for greater access to funding for family mediation; improved support for those trying to navigate the process; how to increase engagement with MIAMs; and ensuring better outcomes for children and those who are vulnerable, including those affected by domestic abuse.
FMC CEO, Helen Anthony, said:
“Awareness of family mediation is higher among the general public and professionals working with families. Access to family mediation is easier for many separating couples, and assurance of family mediation standards provides greater confidence in the quality of services.
“The report shows how far the profession has come in ten years and sets out the challenges and opportunities lying ahead. It provides a great springboard for the FMC, as it enters its second decade, to achieve its vision that wherever families live, they can find affordable quality mediation to take control of their futures – and give their children better futures too.”
The report in full is available here
