Norman Hartnell was among the first family mediators in England and Wales, qualifying in 1989. In 1999, he co-founded the Devon Family Mediation Agency, later Devon Family Solutions Ltd. Here, he shares how mediation has evolved.
Training: Then and Now
Mediation training used to be holistic, combining legal, relationship, and emotional skills. Solicitors, psychologists, and social workers trained together, creating a well-rounded approach. Sadly, that model no longer exists.
Initially, only professionals with relevant experience could train. Today, anyone can, meaning some mediators lack legal knowledge or an understanding of family dynamics. Many experienced mediators have left the field due to low demand or financial viability, while others have moved to private-only services, abandoning legal aid due to unworkable fees and administrative burdens.
Some mediators, however, have evolved, keeping up with legal changes and integrating services like child consultation, divorce coaching, and financial advice. These professionals are the ones The Family Law Company trusts and regularly refers clients to, as mediation works best when both parties genuinely want to find solutions.
The Shift to Online Mediation
Mediation was traditionally face-to-face, seen as the best way to facilitate communication. But times have changed, especially post-pandemic. Now, most sessions are online.
This shift has benefits—particularly for cases involving domestic abuse, as it removes the need for uncomfortable in-person meetings. Online mediation also tends to be quicker and, therefore, potentially cheaper.
However, there are downsides. Body language, crucial in assessing power dynamics, is harder to read. Subtle cues that might indicate coercion or discomfort can be missed.
Standards and Quality Concerns
Mediation used to have rigid quality standards, with close supervision ensuring best practices. Today, the landscape is more uneven. While there are excellent mediators, some individuals report feeling pressured into agreements. Others find that mediators lacking legal training fail to consider key aspects like pensions or child arrangements, leading to flawed outcomes.
A major issue is full financial disclosure. Mediation relies on openness, but people sometimes withhold information—whether intentionally or not. Unlike in court, where evidence is scrutinised, mediators have limited power to verify details. This can lead to agreements needing legal intervention later.
Legal Aid: A Fading Option
Many skilled mediators have stepped away from legal aid cases. The simple reason? It doesn’t pay enough. Legal aid fees barely cover the cost of administration, preparation, and paperwork, let alone the actual mediation work.
The government’s mediation voucher scheme offers some relief, but the funding is minimal. As a result, legal aid mediation has all but disappeared in many areas, creating a two-tier system—those who can afford mediation get support, and those who can’t, don’t.
A Surge in Demand
For years, mediation referrals were dwindling. But a recent change in court rules, requiring parties to explore mediation or other non-court dispute resolution (NCDR) options, has reversed the trend. More couples are now seeking mediation—so much so that good mediators often have waiting lists.
Beyond Mediation: Alternative Dispute Resolution Options
In 1989, mediation was the only alternative to court. Today, separating couples have more choices, including:
- Mediation (traditional, hybrid, or integral)
- Arbitration
- Early neutral evaluation
- Private financial dispute resolution (FDR)
- Collaborative law
- Solicitor negotiation
While choice is good, it can be overwhelming. Experienced family lawyers help clients navigate these options and pick the best fit. However, most NCDR options—aside from mediation—aren’t covered by legal aid, further limiting accessibility.
The Cost Factor
Mediation isn’t necessarily a cheap option. The voucher scheme covers just £500, but many cases require more sessions, especially when financial matters are complex. Costs can easily run into the thousands. As with legal fees, complexity drives up expenses.
Only mediators authorised by the Family Mediation Council (FMC) can participate in the voucher scheme, so it’s crucial for couples to check credentials before proceeding.
Key Takeaways
- Legal aid rates must improve. Without better funding, legal aid mediation will continue to decline, deepening the divide between those who can afford support and those who can’t.
- Too few people seek legal advice when separating. Only about 30% of couples consult lawyers, increasing the risk of poor financial and legal decisions that can have lifelong consequences.
- Mediator knowledge of family law is vital. Mediation works best when the professional understands legal frameworks. Keeping up with changes should be mandatory.
- Good mediators do exist. The best ones stay legally informed and work with financial and emotional experts to guide couples toward fair, well-rounded solutions.
- Mediation and legal advice go hand in hand. Mediation alone isn’t enough—legal guidance is key to ensuring fair outcomes.
- Mediation isn’t for everyone. Cases involving complex financial investigations or fundamental disagreements may be better suited to other NCDR methods or court.
For those committed to resolving disputes amicably, mediation—when done well—remains one of the best ways to settle family matters. It’s cost-effective, flexible, and avoids the long delays of court. But it’s not a magic bullet, and it’s only as good as the mediator leading it
