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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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