Family Mediation: 15 Years On By Sarah Jackson

By Sarah Jackson, Family Solicitor at Battens Solicitors, Head of Family Law in Bath and Accredited Family Mediator

This month marks 15 years since I completed my family mediation training. Looking back, it is remarkable to see how both the profession and my own practice have evolved during that time.

What began as an additional area of expertise has become an integral part of my work, with mediation now making up around a third of my caseload. It remains one of the most rewarding aspects of my role, helping families find practical, constructive solutions during what are often some of the most challenging periods of their lives.

Over the past 15 years, family mediation has undergone significant change. The profession has moved steadily towards a more collaborative approach to family dispute resolution, with a growing recognition that court proceedings are not always the best way to resolve family issues.

A changing landscape

Perhaps one of the most significant developments came with the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). The removal of legal aid for most private family disputes had a profound impact on access to mediation and initially led to a decline in referrals.

However, the introduction of Mandatory Information and Assessment Meetings (MIAMs) in 2014 encouraged more people to consider mediation before embarking on court proceedings. This helped drive a resurgence in the use of mediation, although uptake did not immediately return to pre-LASPO levels.

Further initiatives, including the Family Mediation Voucher Scheme launched in 2021 and subsequent updates to the Family Procedure Rules in 2024, have continued to support greater engagement with mediation. Together, these changes have helped more families understand that mediation can be an effective and affordable route to resolution.

Alongside these legislative and procedural developments, professional standards have also strengthened considerably. The Family Mediation Council has continued to develop its regulatory framework, ensuring mediators receive appropriate training, accreditation and ongoing assessment, helping to maintain high standards across the profession.

What I have seen in practice

While the policy changes have been significant, it is often the shifts in client attitudes that stand out the most.

Fifteen years ago, it was not uncommon for individuals to attend mediation simply because they required the necessary certificate before making a court application. Today, I see far more clients who genuinely want to explore mediation as a means of resolving issues.

There is a much greater understanding of the positive role mediation can play, even where separating couples remain on relatively good terms. In fact, some of the most successful mediations involve couples who are seeking a structured environment to discuss arrangements openly and fairly, rather than those involved in high-conflict disputes.

I have also seen a welcome increase in awareness of coercive and controlling behaviour. Understanding non-visible forms of abuse has become an essential part of family mediation practice, helping professionals identify when mediation may or may not be appropriate and ensuring vulnerable individuals receive the right support.

A more collaborative approach

Another notable change has been the increasing collaboration between family professionals. Mediation is no longer viewed as a standalone process but often forms part of a wider package of support.

We now regularly work alongside financial neutrals, financial advisers, therapists, counsellors and other professionals to help families reach informed decisions. This multidisciplinary approach can provide clients with a more comprehensive and tailored pathway through separation.

The mediation process itself has also developed. Mediators are increasingly dealing with more complex financial matters, co-parenting arrangements and sensitive family dynamics. In many cases, we can now assist with drafting documents that form the basis of a consent order, helping clients move more efficiently towards a legally binding agreement.

Looking ahead

One area where clients continue to express frustration is what happens at the conclusion of mediation. While a mediator can help a couple reach agreement and prepare the necessary documentation, we cannot then act for both parties in submitting that agreement to the court.

This has contributed to the growth of the Resolution Together model, where one lawyer works with a separating couple to sort out how they are going to divide their finances and is then able to apply to the court on behalf of them for an order in the terms of their agreement. It reflects the wider trend towards non-adversarial dispute resolution and meeting clients' expectations for a more streamlined process.

As I reflect on the last 15 years, what gives me the greatest satisfaction is seeing mediation become a recognised and respected option for families facing separation. More people understand that mediation is not about "winning" or "losing"; it is about having constructive conversations, retaining control over important decisions and finding practical solutions that work for everyone involved, particularly children.

Family separation will always be emotionally challenging, but mediation offers families the opportunity to move forward with dignity, understanding and a focus on the future. I am proud to have been part of that journey for the past 15 years and look forward to seeing how the profession continues to evolve in the years ahead.

How Battens Solicitors Can Help

At Battens Solicitors, our family law team offers both legal advice and family mediation services, helping individuals and families explore the most appropriate route to resolving disputes. Whether you are considering arrangements for children, financial matters following separation, or simply want to understand the options available, our experienced team can provide clear, practical guidance tailored to your circumstances.

To discuss family mediation or speak to Sarah Jackson, please get in touch with our Family Law team.