Do I have to go to mediation before applying to the family court?

Short answer

You must attend a Mediation Information and Assessment Meeting, not mediation itself. It costs around £140 a person, is free on legal aid, and produces the Form FM1 the court requires. Domestic abuse, urgency and consent applications are among the exemptions.

Under the Family Procedure Rules a MIAM is required before most family court applications — child arrangements orders, prohibited steps and specific issue orders, financial orders after divorce, and Schedule 1 applications for children outside marriage. The point is to make sure people know what non-court options exist before they litigate, not to force anyone into mediation.

What actually happens

You attend on your own; your ex-partner has a separate meeting, with the same mediator or a different one. It lasts about 45 to 60 minutes with a mediator accredited by the Family Mediation Council, who will explain how mediation works, discuss your situation, carry out a domestic abuse screening for power imbalances that would make mediation unsafe, assess suitability, and set out the alternatives — mediation, collaborative law, arbitration and court — with their costs and timescales. Many mediators offer MIAMs by video call.

The standard cost is around £140 per person, roughly £120 to £160. If you qualify for legal aid it is free, and where one party is eligible the other party's MIAM may also be funded — check at gov.uk before booking. Afterwards the mediator signs Form FM1, which you attach to your application. Without it the court will not accept the application.

The exemptions

Domestic abuse, including economic abuse and coercive control. Evidence can be a letter from a health professional, social worker or support organisation, a police caution, charge or conviction, a protective injunction, or confirmation of using a support service within the last 24 months.
Urgency — a risk to life, liberty or safety that makes a MIAM impractical.
Consent applications, where you simply need the court to approve an agreement.
No accredited mediator within 15 miles, a previous MIAM or non-court resolution in the last four months, the other party failing to attend theirs, bankruptcy proceedings, or a child subject to child protection procedures.

Tick the exemption box on Form C100 or the financial application. Misusing an exemption is taken seriously by the courts.

If mediation does go ahead, sessions run 60 to 90 minutes at roughly £100 to £200 per person, and most cases resolve within three to five. Anything agreed should be turned into a consent order to become binding. If your ex refuses to attend their MIAM, the mediator records that and your application proceeds — but note that judges can now adjourn proceedings for non-court dispute resolution and take an unreasonable refusal into account on costs.

Read the full guide: Mediation Information and Assessment Meeting (MIAM)Covers eligibility, the process, deadlines, and next steps in depth.

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