At present the Government support public funding for Family Mediation. There is a strict capital and income eligibility test.
All parties wishing to Mediate will be offered an Assessment Meeting (please see Assessment Procedure). It is the responsibility of each mediating party to provide the Mediator with the appropriate information for an Assessment to be carried out. If this information is not provided all Mediations will be carried out on a privately funded basis.
Each mediating party will be responsible for their own Mediation fees. The Mediation fees will be payable at the end of each Mediation session.
Preparation time will also be charged pro rata for any required preparation by the Mediator before each session and following each session for the preparation of appropriate documents, summaries and Memoranda. The terms and conditions are set out in the Agreement to Mediate (Family). This document will be discussed prior to any Mediation being conducted.
If one or both of the couple are legally aided, they will not have to pay for Mediation or pay back legal costs from the settlement reached, which is the case with Legal Aid Statutory Charge in most family proceedings involving finances.
If couples are not eligible for Legal Aid, their costs will still be a small proportion of the costs of taking their case to Court. This is because they are paying one Mediator rather than two lawyers, to do the majority of the work with them, and their lawyer’s role is peripheral.
On average it will cost an individual between £7,000 and £15,000 to take a case to Court. (£14,000 to £30,000 per couple.) Mediation costs are often in the region of £500 to £2,000 per person (£1,000 to £4,000 per couple, depending on the complexity of the case, and can be less than this).