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01 October 2025
Issue: 8133 / Categories: Legal News , Family , Mediation , Legal aid focus , ADR , Divorce
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Mediation crisis on horizon

Increasing numbers of family mediators are cutting back on legal aid work or leaving the sector altogether due to low fees—creating a supply shortfall for low-income families

According to the Family Mediation Council (FMC), legal aid rates paid to mediators have remained unchanged for 25 years, leading to a 50% reduction since 2018 in the number of family mediators offering legal aid services. Consequently, families are having to wait longer for their initial mediation information and assessment meeting (MIAM) if they are on legal aid rather than paying privately.

The FMC report, ‘The state of family mediation’, published last week, states: ‘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.’

Overall, however, the report found the amount of family mediation is growing, with a ‘particular increase’ since the court rules were amended in 2024 to encourage parties to consider non-court dispute resolution. According to Ministry of Justice statistics for 2023, 69% of mediations resolved the issues so the case did not go to court or went only for a consent order. Generally, only one in three potential mediations fail due to lack of participation by one of the parties.

FMC CEO Helen Anthony said the report found ‘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’.

Issue: 8133 / Categories: Legal News , Family , Mediation , Legal aid focus , ADR , Divorce
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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