Challenges to the future of legally aided family mediation highlighted in new landmark report

There is a danger that low-income families may soon be unable to access legally aided family mediation, according to a landmark research report launched by The Family Mediation Council (FMC) at its London conference.

Over 200 delegates and speakers attended an event marking the FMC’s ten-year anniversary, which saw the publication of its newly-commissioned document, ‘The State of Family Mediation.’

Among the challenges highlighted is the future of legally aided family mediation, mainly because legal aid rates paid to mediators have remained unchanged for 25 years.

The report states: ‘There has been a 50% reduction in the number of family mediators offering legal aid since 2018, which means it is increasingly difficult for the public to access legal aid for family mediation.’

It says families must now wait longer for their initial Mediation Information & Assessment Meeting (MIAM) if they are on legal aid rather than paying privately.

It continues: ‘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.’

Higher public awareness of family mediation

The report sets out a number of positive developments over the past decade.

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 conference saw the launch of the report and heard from one of its authors, Rachael Blakey, Associate Professor at Warwick School of Law. The event on Friday 26 September 2025 marked a decade since the incorporation of the FMC.

The report in full is available here: https://www.familymediationcouncil.org.uk/wp-content/uploads/2025/09/The-State-of-Family-Mediation-online-version.pdf