Is Family Mediation About to Become Mandatory in the UK?

Written By Leigh Holdway

If you've searched this question, you're not alone. It's one of the most-asked questions in family law right now, and for good reason. The rules around mediation in England and Wales are shifting, and it's worth understanding where things actually stand before you make any decisions about your own separation or divorce.

Here's what's changed, what's being proposed, and what it means for you if you.

Where things stand today

Mediation itself has never been compulsory. What has been required, since 2014, is that most people attend a Mediation Information and Assessment Meeting (MIAM) before they can apply to court for a children or financial order. It's a short, one-to-one meeting that explains your options — not a commitment to mediate.

That much hasn't changed. What has changed is how seriously the courts are taking it.

Over the past couple of years, pilot schemes in selected courts have started automatically referring more private children and financial cases to a MIAM, and skipping one without a good reason can now lead to real cost consequences if your case does end up in court. In other words: the requirement to at least consider mediation is being enforced more consistently than it used to be.

Is full mandatory mediation coming?

As things stand, a hard legal requirement to attempt mediation before court will even accept your case has not yet been written into law. But the direction of travel is clear. Government proposals and judicial pressure are both pushing toward it, and most family law commentators expect the gap between "strongly encouraged" and "compulsory" to keep closing over the next few years.

There's a practical reason behind the push. Family courts in England and Wales are dealing with serious backlogs — in some areas, cases are taking a year or more just to reach a first hearing. Mediation, when it works, resolves things in a fraction of that time, at a fraction of the cost, without the stress of a courtroom.

What this means if you're separating right now

You don't need to wait for the law to change to benefit from mediation — and there's a strong argument for not waiting.

  • You'll likely need a MIAM anyway. If there's any chance your case could end up in front of a judge, you'll almost certainly be asked to show you've attended one first.

  • Courts are watching more closely. Turning up to court without having genuinely considered mediation is increasingly likely to cost you — in time, and potentially in costs orders.

  • Help is often more affordable than people expect. A government-funded voucher scheme is currently available for eligible cases involving children, and legal aid may cover mediation costs for people on a lower income.

  • Starting early tends to lead to better outcomes. Families who mediate before positions harden generally find it easier to reach an agreement that actually works for everyone — especially the children.

Our take

We work with families across Wokingham and the wider Berkshire area, and we're already seeing more people come to mediation earlier — often before things have escalated to the point where court feels like the only option. Whatever happens with future legislation, that early conversation tends to be the thing that makes the biggest difference.

If you're separating, or supporting someone who is, a MIAM is a low-pressure way to find out where you stand. There's no commitment attached, and it's often the first genuinely useful step in the whole process.

Ready to talk it through? Get in touch with Kite Family Mediation to book a MIAM, in person in Wokingham or online, wherever you're based across Berkshire.

Leigh Holdway