Mediation and legal aid together — who pays what when one or both of you qualify

REVIEWED BY: Sean McNamara on 2026-08-30

Family mediation can be funded several ways: privately, with the £500 mediation voucher, with legal aid, or a mix. When one parent qualifies for legal aid and the other doesn't, the rules have a generous feature many people don't know. This guide sets out the combinations. It is general information, not legal advice.

The four funding combinations

1. You qualify for legal aid; your ex doesn't

Your MIAM and mediation sessions are free — legal aid covers family mediation (assessments and sessions) for eligible clients
Key rule: if you're legally aided and reach agreement through mediation, your legally aided solicitor can also prepare the consent order / "memorandum of understanding to consent order" paperwork free of charge for both of you — legal aid pays for this limited piece of work so agreements don't fail at the documentation stage
Your ex pays privately for their share of sessions if the case proceeds without legal aid for them

2. Your ex qualifies for legal aid; you don't

This is where the "vice versa" rule applies: if your ex is legally aided and mediation produces an agreement, you also get the resulting consent order paperwork prepared free of charge
For the sessions themselves, you can combine private payment with the £500 mediation voucher (where the dispute involves children) to reduce your costs

3. Neither of you qualifies for legal aid

Pay privately; apply for the Family Mediation Voucher Scheme (£500, not means-tested) where the case involves child arrangements — the voucher applies to joint sessions, not the MIAM
Use Help with Fees for any resulting court application (a C100 is £270; EX160 can waive or reduce it)

4. You both qualify for legal aid

Both MIAMs and sessions are legally aided; tell the mediator at the outset — not all mediators accept legal aid, so check when booking
All resulting consent order documentation is covered

What legal aid covers in mediation

The MIAM itself
Mediation sessions with an FMC-accredited, legally aided mediator
The paperwork converting an agreement into a binding consent order (for both parties where one is aided)
Legal aid for mediation is non-contributory — no contribution from you if you pass the means test

What the voucher covers

Up to £500 towards joint mediation sessions where the dispute involves child arrangements (or finances alongside children)
Not the MIAM, not solicitor advice, not court fees
The scheme runs to 31 March 2029 under Practice Direction 36V; one voucher per family, claimed by the mediator on your behalf
It is not means-tested

How to check eligibility

Use the official "Check if you qualify for legal aid" tool on gov.uk, or call Civil Legal Advice on 0345 345 4345
Legal aid for family mediation is easier to qualify for than legal aid for court proceedings — the means limits are the same (gross income ≤£2,657/month, disposable ≤£733/month, capital ≤£8,000), but scope is broad for mediation, and for mediation the domestic abuse evidence gateway applies differently than for representation
If you receive Income Support, income-based JSA, income-related ESA, Universal Credit (low earnings) or Pension Credit guarantee — you are passported through the income test (capital still assessed)

Practical notes

Tell the mediator at the MIAM if you think you may be eligible for legal aid — accredited mediators will confirm eligibility before sessions start
If you claim the voucher, your mediator handles the paperwork; there's no separate application for you
Mediation remains voluntary — no one can force the other side to attend; if they refuse their MIAM, you can proceed to court (and their unreasonable refusal has costs consequences in some financial cases)

Official links

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to the LAA, FMC, MoJ, or gov.uk. This page is general information and is not legal advice.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.