26/01/2026
Keith Bull
January is often considered one of the most common times of year for relationships to break down. Sometimes called “divorce month”, it is believed this is due to holiday stress putting a strain on couples and families, leading to an increase in separations or the start of divorce proceedings at the beginning of the new year.
For couples considering this next step, seeking early legal advice is vital. However, family mediation is often a crucial part of that process.
Family Mediation Week, taking place from 26–30 January 2026, is an annual campaign led by the Family Mediation Council (FMC). Its purpose is to highlight the vital role mediation plays in helping separating couples resolve disputes constructively.
At Russell & Russell, and as members of Resolution, our family law team is committed to promoting non-confrontational approaches to family law matters. We support the FMC’s campaign and regularly see how family mediation helps couples work together towards mutually acceptable solutions, avoiding, where possible, adversarial court proceedings.
Following our recent article, Good Divorce Week 2025, and our previous guidance on managing Christmas contact disputes, our family law team answers some frequently asked questions about how family mediation can help separating couples.
What is family mediation?
Family mediation is a form of alternative dispute resolution (ADR) where an independent, professionally trained mediator helps separating couples discuss and resolve issues arising from their relationship breakdown.
The mediator facilitates constructive dialogue between both parties, helping them reach agreements about practical arrangements for their children, finances, and property.
Unlike court proceedings, where a judge imposes decisions, mediation empowers couples to maintain control over outcomes that affect their family’s future.
What is a MIAM?
Since April 2014, attending a Mediation Information and Assessment Meeting (MIAM) has been a legal requirement before applying to court for matters involving children or finances. The MIAM involves meeting with a qualified mediator who will:
- Explain how mediation works.
- Discusses whether mediation is suitable for your situation.
- Explore any exemptions that might apply.
- Answer your questions about the process.
According to Gov.uk, the usual cost of an MIAM is around £120, depending on the mediator you use. Each party attends separately, and the mediator assesses whether mediation is appropriate given your circumstances. You do not have to pay for a MIAM if either you or your ex-partner qualifies for legal aid.
Certain exemptions apply, for example, in cases involving domestic abuse or where there are urgent child protection concerns. If the mediator deems that the process is not suitable, they will provide you with a signed form allowing you to proceed with a court application.
Why choose family mediation?
A family mediator can help you make agreements about things that are important to you and your family after divorce or separation. Family mediation provides several benefits, including:
- It is less stressful, more cost-effective, and much quicker than going to court.
- It helps you make arrangements regarding parenting, property and finances.
- It is less confrontational and focuses on collaboration rather than adversarial positions.
- It helps you stay in control of the decision-making process affecting your family, rather than having solutions imposed by the court.
Are agreements reached in mediation legally binding?
No, these sessions and any agreements reached in family mediation are not legally binding. A memorandum of agreement can be drawn up at the end of the sessions to reflect any agreement reached, but then it is generally recommended that each party takes independent legal advice on those proposals. A solicitor can then help you understand how decisions could affect other family members, especially any children involved.
Agreements reached in mediation can be persuasive to future negotiations or court decisions but are not binding.
When do you need legal advice?
A family law solicitor can help you with any aspect of the divorce process. You can also seek legal advice regarding any legal matters connected with your mediation discussions, or if you fail to reach an agreement with the other party.
You may also want legal advice regarding any proposed agreements reached through mediation. A family law solicitor can also help with turning written agreements reached through mediation into a legally binding document, such as a consent order.
What happens if mediation does not work?
If mediation proves unsuccessful or isn’t suitable for your circumstances, then a solicitor can provide guidance on the next steps. Whether this is through further negotiation or, if necessary, taking the matter to court. At Russell & Russell, our family law solicitors can explain the various options available, outline the likely costs of each approach, and help you decide on the most appropriate path forward for your situation.
How Russell & Russell can help
Whilst we don’t provide mediation services ourselves, we maintain strong working relationships with experienced family mediators and can provide referrals to suitable professionals.
Our family law solicitors are specialists in their field and adhere to the Resolution code of conduct. They can guide you through the complexities of family law, helping you make the right decisions to ensure you and your family’s well-being.
We are committed to offering the trusted legal guidance you need during this challenging time, always with an eye to finding the most constructive resolution for you and your family. They can guide you through the complexities of family law, helping you make the right decisions to ensure you and your family’s well-being.
Specialist family law advice
Matters involving the family are often very emotional and sensitive situations. Russell & Russell’s family department offers advice and representation on all aspects of family law, including divorce and finances, separation, cohabitation and prenuptial agreements, social services involvement, domestic abuse, change of name and children law issues, such as child contact and child relocation.
And, if you have an emergency, you can contact us out of office hours on our 24-hour helpline.
Russell & Russell’s Head of the Private Law Family Department is an accredited Family Law Specialist on the Resolution Panel and on the Law Society’s Advanced Family Law Panel. Keith is an accredited specialist within the areas of finances, unmarried property disputes, domestic abuse and private law children cases.
Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.