Will Mediation Become Mandatory Before Court in 2026? What London Families Should Know

Will Mediation Become Mandatory Before Court in 2026? What London Families Should Know

The question of mandatory mediation before court in the UK has been discussed at government level for several years, but 2026 feels like a turning point. If you are a London family facing a separation, a dispute about your children, or a financial disagreement that has reached stalemate, you may have heard that the rules around mediation and court access are changing. In this guide, we explain where things currently stand, what is likely to change, and what it means for families across London.

We will cover what a MIAM is and why it already matters, how the proposals to extend mediation requirements have developed, what London families should be doing now, and what exemptions are still available for those in difficult or urgent situations.

What Is the Current Position on Mediation Before Court?

Under the Children and Families Act 2014, anyone wishing to make a family court application in England and Wales is already required to attend a Mediation Information and Assessment Meeting (MIAM) first. This applies to applications about child arrangements (who a child lives with, when they see each parent) as well as most financial remedy applications on divorce.

A MIAM is a one-to-one meeting with a trained mediator. It is not mediation itself; it is an assessment to explore whether mediation could help resolve the dispute without court proceedings. The mediator will explain how mediation works, consider your situation, and give you a view on whether it is suitable. If the other party is willing, a joint MIAM or mediation sessions can follow.

At present, the MIAM requirement has teeth in the sense that courts can refuse to process an application if the MIAM has not taken place and no valid exemption applies. However, the requirement to actually attempt mediation, rather than simply attend a MIAM, has historically been optional. That is what may be about to change.

For more detail on what a MIAM involves in a London context, our London MIAM guide covers everything from what to expect on the day to how to book.

What Are the Government’s Proposals for Mandatory Mediation?

The government has been consulting on reforms to the Family Procedure Rules that would significantly strengthen the mediation requirement. The proposals, which have been supported by the Family Mediation Council and various family law bodies, include:

• Requiring both parties to not just attend a MIAM but to genuinely attempt at least one mediation session before a court application can proceed.
• Giving judges stronger powers to penalise parties who refuse to engage with mediation without good reason, including costs orders.
• Making it harder for parties to claim exemptions simply by ticking a box, with greater scrutiny expected around domestic abuse exemptions in particular.
• Expanding the range of cases covered, potentially including some cases that currently fall outside the MIAM requirement.

The underlying policy rationale is straightforward: the family court system in England and Wales is under severe pressure. London’s family courts, including those serving areas like Islington, Lambeth, and Croydon, are experiencing significant backlogs, with some cases taking twelve months or more to reach a first hearing. Mediation, when it works, resolves disputes in weeks rather than years, at a fraction of the cost.

Has Mandatory Mediation Passed Into Law Yet?

As of early 2026, full mandatory mediation, meaning a legal requirement to attempt mediation before court will accept your application, has not yet passed into law in England and Wales. The government’s consultation has concluded, and further announcements are anticipated. What is already happening, however, is a notable shift in judicial attitude. Judges are increasingly robust in questioning whether parties have made genuine efforts to resolve disputes outside court, and the consequences of refusing to engage are becoming more significant.

If you are considering a court application in London in 2026, it is sensible to treat mediation as if it were already mandatory, both because the rules may change during the course of your proceedings and because courts are already rewarding those who have made genuine attempts to resolve matters without litigation.

What Does This Mean for London Families Right Now?

For families across London, whether you are in Hackney, Richmond, Greenwich, or Harrow, the practical message is the same: if you are heading towards a family dispute that might end up in court, engaging with mediation sooner rather than later is almost always the better option. Here is why.

The Cost Difference Is Considerable

Family court proceedings in London can cost tens of thousands of pounds in solicitor fees if they become contested. Mediation, by contrast, typically costs a few hundred to a couple of thousand pounds depending on the complexity of the issues. The government’s Family Mediation Voucher Scheme also provides up to £500 towards mediation costs for eligible families, which can make a meaningful difference.

London Court Delays Are Significant

London’s family courts are among the busiest in the country. Waiting times for a final hearing in a contested child arrangements case can stretch well beyond a year. For families with children, that level of uncertainty is genuinely harmful. Mediation, when both parties engage willingly, can often reach agreement in a matter of weeks. The range of family mediation services available in London means there is no shortage of options.

Agreements Reached in Mediation Tend to Last Longer

Research consistently shows that parents who reach their own parenting agreements through mediation are more likely to stick to them than those whose arrangements are imposed by a court order. When you have had a meaningful say in the outcome, you are more likely to feel it is workable. This is especially important in London, where co-parenting logistics across different boroughs, with considerations like school catchment areas and transport links, can be genuinely complex.

The Role of the MIAM Under Current and Proposed Rules

Even under the current rules, the MIAM requirement is not simply a box-ticking exercise. Courts expect applicants to have attended a MIAM in good faith and to be able to demonstrate this. If you have not attended a MIAM and cannot rely on one of the recognised exemptions, a court is unlikely to accept your application. If you have attended but the other party has refused, a mediator can still provide you with a MIAM certificate that confirms the position and allows you to proceed.

Under the proposed changes, the threshold is expected to rise. Rather than simply attending an information meeting, parties may need to demonstrate that they have attempted to engage in mediation, not just been told about it. This reflects a broader shift towards mediation being treated as a genuine first step, not an optional extra.

You can use the MIAM eligibility checker on Mediate UK to quickly confirm whether you need a MIAM before making a court application.

Are There Still Exemptions to the Mediation Requirement?

Yes. Both under the current rules and under any proposed changes, exemptions to the mediation and MIAM requirement remain available in certain circumstances. The most common grounds include:

• Domestic abuse: If there is evidence of domestic abuse or violence, mediation is not appropriate and an exemption applies. Courts have been asked to ensure this exemption is used only where genuine evidence exists, rather than as a routine bypass.
• Urgent cases: Where there is a risk to a child or an immediate need for a protective order, the MIAM requirement can be waived.
• Other party’s unavailability: If the other party cannot be contacted or refuses to engage, a mediator can issue a certificate confirming this, allowing the applicant to proceed.
• Previous MIAM attendance: If you have attended a MIAM in the past four months in relation to the same dispute, you may not need to attend again.

For a full breakdown of all 15 recognised exemptions, the complete guide to MIAM exemptions on Mediate UK covers each one in detail. It is also worth reading Practice Direction 3A, which sets out the formal requirements.

Mandatory Mediation Before Court: What Other Countries Have Done

England and Wales would not be alone in making mediation mandatory. Several comparable jurisdictions have already gone further:

• Australia has required separating parents to attempt family dispute resolution before applying to court for parenting orders since 2006. Evidence suggests the system has reduced the volume of contested applications significantly.
• Italy introduced mandatory mediation for certain civil and commercial disputes in 2010, and the approach has since been extended.
• Canada and various US states operate mandatory mediation systems in family proceedings, with broadly positive outcomes for resolution rates.

The direction of travel internationally is clear, and the UK government’s proposals reflect that broader pattern. For London families, the practical question is not so much whether mediation will become mandatory, but how soon, and what the obligations will look like in practice.

How to Access Mediation in London Quickly

London Mediation Service offers family mediation in London from three convenient locations: Central London (Waterloo), North London (St Pancras), and South London (Sutton). All our mediators are accredited by the Family Mediation Council, and we offer both in-person and online mediation for families where travel or scheduling is a challenge.

MIAMs can typically be booked within a few days. If your situation is urgent, an online urgent MIAM can often be arranged on very short notice. This matters in London where court waiting lists mean that even getting into the system takes time, and any delay in completing your MIAM simply adds to that.

Pricing for mediation is transparent at Mediate UK. You can review current fees on the costs and payments page. Legal aid may be available for those who qualify, and eligibility can be checked via legal aid for family mediation in London.

Frequently Asked Questions

Will Mediation Become Mandatory Before Court in 2026? Understanding the Implications