Frequently Asked Questions
Family mediation can feel unfamiliar, particularly when you're already navigating separation or changes in family life.
Here are answers to some of the questions people commonly ask about mediation and how it works.
What is family mediation?
Family mediation helps people discuss and make decisions about arrangements following separation or divorce.
It provides a safe, structured environment in which you can explore options, improve communication and work towards practical arrangements for the future.
Mediation can cover arrangements for children, finances, property and other matters arising from separation.
The mediator is impartial and does not take sides or make decisions for you.
How does family mediation work?
The process usually begins with a separate, confidential meeting with each person.
This provides an opportunity to explain your circumstances, ask questions and consider whether mediation is appropriate.
If everyone wishes to proceed and mediation is suitable, joint meetings are arranged.
During these meetings, your mediator helps you identify the issues, explore possible solutions and work towards proposals that both of you can accept.
What is a MIAM?
A MIAM is a Mediation Information and Assessment Meeting, used in England and Wales.
It is an individual meeting where you can learn about mediation and other ways of resolving family disputes, discuss your circumstances and consider whether mediation is suitable.
In England and Wales, attending a MIAM is generally required before making certain family court applications, unless an exemption applies.
Attending a MIAM does not mean you have to proceed with mediation.
What is an initial intake meeting in Scotland?
In Scotland, the mediation process usually begins with an individual intake or assessment meeting.
This allows you to discuss your circumstances privately, understand how mediation works and consider whether it would be suitable.
Unlike England and Wales, Scotland does not operate the same MIAM requirement for family court applications.
Do both people have to agree to mediation?
Yes. Mediation is voluntary.
Both people must be willing to participate, although you can attend an initial individual meeting even if the other person has not yet agreed to mediation.
If one person decides not to proceed, joint mediation cannot take place.
Is mediation compulsory?
No. Mediation itself is voluntary throughout Scotland, England and Wales.
In England and Wales, there is a requirement to attend a MIAM before certain court applications unless an exemption applies, but this does not mean you must participate in joint mediation.
Can mediation help if we already agree about arrangements for our children?
Absolutely.
Mediation isn't only for parents who disagree about where their children should live or how much time they should spend with each parent.
Sometimes parents have broadly agreed on arrangements but find communication difficult, struggle with boundaries or want help preventing future disagreements.
Mediation can help you develop clearer expectations, improve communication and consider how arrangements might adapt as your children grow.
Even where there is little disagreement about the practical arrangements, a structured conversation can be valuable.
Can we discuss both children and finances?
Yes.
Family mediation can address arrangements for children, financial matters or both.
Some people prefer to deal with one issue at a time, while others find it helpful to consider how different aspects of separation affect each other.
Your mediator will help you agree on a suitable approach.
How many mediation sessions will we need?
Every family is different.
Some people reach proposals after one or two joint meetings, while others need additional sessions, particularly where financial matters are complex.
Sessions are arranged at a pace appropriate to your circumstances, and you remain in control of whether to continue.
Can mediation take place online?
Yes.
Albany Mediation offers online mediation across Scotland, England and Wales.
Meetings take place by secure video call, allowing you to participate from a suitable private location.
Online mediation can be particularly helpful when people live in different areas or have difficulty travelling.
Your mediator will discuss privacy, safety and practical arrangements before meetings begin.
Is mediation confidential?
Mediation is generally confidential, subject to important exceptions.
These may include concerns about the safety or welfare of a child or adult, legal obligations or other circumstances explained in your Agreement to Mediate.
Your mediator will explain the boundaries of confidentiality before mediation begins.
Are agreements reached in mediation legally binding?
Proposals reached in mediation are not automatically legally binding.
Your mediator can prepare a written summary of the proposals, where appropriate.
You may then obtain independent legal advice about how to formalise the arrangements.
The legal steps involved differ between Scotland and England & Wales, particularly for financial agreements following separation or divorce.
How much does mediation cost?
Fees depend on the type and length of appointment and whether additional documentation is required.
Albany Mediation provides clear information about charges before appointments are booked.
Please visit our Fees page for details.
Is legal aid available for family mediation?
Legal aid may be available depending on your circumstances and where you live.
In England and Wales, eligible clients may receive publicly funded family mediation through a provider with the appropriate legal aid contract.
In Scotland, publicly funded mediation operates under different arrangements and eligibility requirements.
Albany Mediation can explain the relevant options and, where appropriate, signpost you to a suitable provider.
What is the £500 Family Mediation Voucher Scheme?
The Family Mediation Voucher Scheme is available in England and Wales for certain eligible cases involving children.
Where the criteria are met, a contribution of up to £500 may be available towards the cost of eligible mediation sessions.
The scheme is not means-tested, but eligibility depends on the circumstances of the case and the applicable scheme rules.
The voucher does not ordinarily cover the cost of a private MIAM or unrelated financial mediation.
Albany Mediation can discuss eligibility with you.
Can mediation help with financial arrangements?
Yes.
Financial mediation can help you discuss property, savings, debts, pensions, income and future financial needs.
The process usually involves sharing relevant financial information before exploring possible arrangements.
Your mediator remains impartial and does not provide individual financial or legal advice.
Independent legal and financial advice may be appropriate before any agreement is finalised.
What if mediation isn't suitable for our circumstances?
Mediation is not appropriate in every situation.
Your mediator will consider issues such as safety, domestic abuse, coercive control and whether each person can participate freely and effectively.
Where mediation is unsuitable, alternative options can be discussed or signposted.
You will not be pressured to proceed.
What happens if we cannot reach an agreement?
Not every mediation results in agreement on every issue.
You may reach proposals on some matters while others remain unresolved.
Your mediator can help clarify what has been discussed and explain possible next steps, which may include obtaining legal advice or considering other dispute resolution options.
Can children be involved in mediation?
In some circumstances, yes.
Child-inclusive mediation gives children an opportunity to express their thoughts and feelings to a specially trained mediator, where appropriate and with the necessary consent.
Children are not asked to make decisions or choose between their parents.
Their participation is voluntary, and any information shared with parents is subject to the child's agreement and safeguarding considerations.
What is different about family mediation in Scotland and England & Wales?
The overall principles of family mediation are similar, but the legal systems and procedures differ.
In England and Wales, MIAMs form part of the family court process for certain applications, and eligible cases may receive support through the Family Mediation Voucher Scheme.
Scotland has its own family law framework, intake procedures and arrangements for formalising agreements.
Albany Mediation works across both jurisdictions and will explain the process relevant to your circumstances.
How do I get started?
The first step is simply to get in touch.
You can ask questions, explain briefly what you would like help with and find out about arranging an individual initial meeting.
There is no obligation to proceed with joint mediation.
Contact Albany Mediation