What is mediation?

Mediation is a form of alternative dispute resolution in which a trained, neutral third party (the mediator) helps two or more disputing parties discuss their differences and work towards a voluntary settlement without going to court.

The defining feature of mediation is that the mediator does not decide the dispute. Unlike a judge or an arbitrator, the mediator has no power to impose an outcome. Their role is to facilitate conversation, clarify the issues, test each side's position, and help the parties find an agreement that they can both accept. Anything said during mediation is confidential and cannot normally be used in later court proceedings, which encourages openness. Settlements reached in mediation can be made legally binding by being recorded in a written agreement and, where needed, turned into a consent order by a court.

Mediation is used in a wide range of disputes. In family cases, particularly those following separation or divorce, it is often used to agree child arrangements, financial matters, and contact schedules. Since April 2014, most people who want to apply to a family court for a child arrangements order or a financial order must first attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies. Mediators accredited by the Family Mediation Council conduct these meetings. Civil and commercial mediation is used in contract disputes, boundary and neighbour disputes, workplace grievances, and consumer complaints. Employment mediation, often supported by Acas, helps resolve disputes between employers and employees without going to an Employment Tribunal.

The practical benefits are usually speed, cost, and control. A typical mediation takes one day, sometimes less, compared with months or years for a contested court case. The cost is borne by the parties, often split equally, and is generally a fraction of litigation costs. The parties retain control of the outcome, rather than handing the decision to a third party. Mediation also tends to preserve working or family relationships better than adversarial litigation.

Not every dispute is suitable for mediation. Cases involving domestic abuse, urgent safeguarding concerns, or significant power imbalances may be better handled through the courts. Mediation also requires at least some willingness from both parties to reach a deal.

Publicly funded family mediation is available through the government's Family Mediation Voucher Scheme, which contributes up to £500 towards the cost in eligible cases.