Family mediation FAQs
Clear answers to common questions about MIAMs, family mediation, children arrangements, financial mediation, legal advice, confidentiality and what happens after mediation.
FAQ topics
- What mediation is
- MIAMs and assessment meetings
- Children and financial issues
- Confidentiality and suitability
- Legal advice and court orders
Common questions about family mediation
Family mediation is a structured process where an impartial mediator helps separating couples or family members discuss practical arrangements. It can be used for children arrangements, finances, property, pensions, communication and other family issues.
Mediation is not relationship counselling, legal advice or a court hearing. The mediator does not take sides or impose a decision. Their role is to manage the process and help both people explore possible ways forward where mediation is suitable.
Quick answers
Is mediation voluntary?
Yes. Mediation only continues if it is suitable and both people are willing to take part.
Is a MIAM required?
In many family court applications, a MIAM is usually required first unless an exemption applies.
Is mediation legally binding?
No. Proposals reached in mediation are not automatically legally binding. Further legal steps may be needed.
Mediation for children arrangements
Mediation can help parents discuss where children live, how time is shared, holidays, handovers, communication, school issues and arrangements for special occasions.
The mediator helps parents focus on practical arrangements and the child’s needs, but does not make parenting decisions for them.
Mediation for financial arrangements
Mediation can help separating couples discuss property, pensions, savings, debts, income, business interests, financial disclosure and future financial needs.
Financial proposals should usually be taken for legal advice before being finalised or turned into a consent order.
Mediation FAQ
| 1. What is family mediation? | Family mediation is a process where an impartial mediator helps people discuss arrangements after separation, including children, finances, property and communication. |
| 2. What is a MIAM? | A MIAM is a Mediation Information and Assessment Meeting. It is an individual meeting where the mediator explains the process, considers suitability and discusses possible next steps. |
| 3. Do I have to attend a MIAM before court? | In many family cases, you usually need to attend a MIAM before applying to court unless an exemption applies, such as domestic abuse or urgency. |
| 4. Is mediation the same as counselling? | No. Mediation is not relationship counselling. It is focused on practical arrangements and future decisions, not repairing the relationship. |
| 5. Is mediation suitable for everyone? | No. The mediator will assess suitability. Mediation may not be appropriate where there are safety concerns, serious imbalance, coercive control, unwillingness to disclose information or other safeguarding issues. |
| 6. Do we have to sit in the same room? | Not always. If suitable, mediation can sometimes take place online, in separate rooms or through shuttle mediation. |
| 7. Can mediation help with children arrangements? | Yes. Mediation can help parents discuss living arrangements, time with each parent, holidays, birthdays, school issues, handovers and communication. |
| 8. Can mediation help with finances? | Yes. Mediation can help with property, pensions, savings, debts, income, business interests, disclosure and future financial needs. |
| 9. Is mediation confidential? | Mediation is generally confidential, although there are exceptions, including safeguarding concerns, risk of harm, criminal activity or where disclosure is required by law. |
| 10. Does the mediator take sides? | No. The mediator is impartial. They do not represent either person, give legal advice to one side or decide who is right. |
| 11. Can the mediator make a decision? | No. The mediator manages the process and helps both people explore options. Decisions remain with the participants unless a court later makes an order. |
| 12. Are agreements reached in mediation legally binding? | No. Proposals reached in mediation are not automatically legally binding. They may need to be turned into a court order or consent order where appropriate. |
| 13. Can I get legal advice during mediation? | Yes. Many people take independent legal advice alongside mediation, especially before finalising children or financial arrangements. |
| 14. What happens if financial disclosure is needed? | For financial mediation, both people usually need to exchange information about assets, debts, income, pensions, property and future needs before proposals are discussed. |
| 15. Can children be involved in mediation? | In some cases, child-inclusive mediation may be considered if it is suitable, both parents agree and the mediator is appropriately trained. |
| 16. How long does mediation take? | It depends on the issues, complexity, disclosure, readiness and whether both people engage. Some matters need a small number of sessions; others take longer. |
| 17. How much does mediation cost? | Costs vary depending on the mediator, the type of meeting and the number of sessions. Legal aid may be available for eligible clients. |
| 18. What if the other person refuses mediation? | Mediation cannot be forced. If the other person will not attend or mediation is unsuitable, the mediator can explain possible next steps. |
| 19. What happens if we reach proposals? | The mediator may record proposals in a summary or memorandum. Legal advice may then be needed before anything is made formal or binding. |
| 20. What happens if we do not agree? | Mediation does not force agreement. If issues remain unresolved, legal advice, solicitor negotiation or a court application may be needed. |
Useful next steps
Book a MIAM
Start with an individual assessment to understand whether mediation is suitable and what the next step should be.
Children mediation
Read more about mediation for children arrangements, parenting routines, holidays and communication.
Financial mediation
Read more about financial disclosure, property, pensions, savings, debts and business interests.
Mediation helps with structure, not pressure
The mediator’s role is to create a safe, balanced process for discussion. Mediation should not be used to pressure someone into an agreement, avoid proper disclosure or bypass independent legal advice where it is needed.
Still have a question about family mediation?
Speak to Lakes Mediation about MIAMs, children arrangements, financial mediation, online mediation, shuttle mediation, legal aid or next steps after separation.