When couples separate and there are disputes about children, finances or property, mediation can be a far more flexible, cost-effective and less adversarial alternative to court. One of the ways people on low incomes can access help is through the government’s legal aid scheme, but there is also separate help available for paying court-related fees. This guide explains how it works, who is likely to qualify, and how our service fits in.

What is legal aid for family mediation?

Legal aid in England and Wales can help cover the costs of family law support, including mediation. According to government guidance, clients may qualify for legal aid to help with mediation costs if a dispute arises from a family relationship. The purpose is to enable people who would otherwise struggle to afford mediation to take part, rather than immediately turning to court.

What does legal aid cover in mediation?

If you are eligible, legal aid may cover:

• the initial Mediation Information and Assessment Meeting (MIAM), which is required before many family court applications
• one or more joint mediation sessions, even if the other party does not qualify for legal aid
• help with drafting documents after mediation (in some cases) and advice from a solicitor if needed

Legal aid can make mediation possible for those who might otherwise be unable to afford it.

Who is eligible for legal aid for mediation?

Eligibility depends on two main factors: what your case is about and your financial situation.

Case type

• your dispute must fall within the legal aid scheme. Most child arrangements and financial settlement cases are included
• some cases are excluded, such as purely private financial matters unless special circumstances apply
• courts generally expect you to have considered mediation, usually through a MIAM, before applying to court

Financial eligibility

• you must show that you cannot reasonably afford the cost of mediation
• you may automatically qualify if you receive certain benefits, such as Universal Credit, Income Support, income-based Jobseeker’s Allowance or Employment and Support Allowance
• if you do not receive these benefits, you might still qualify if your income and savings are below the set limits
  • for example, savings or capital below approximately £8,000 and a disposable monthly income under about £733 may qualify
• if you live with a partner, their income and savings are usually included in the assessment

What documents will you need?

To apply for legal aid for mediation, you will need to provide evidence such as:

• proof of benefits or Universal Credit (for example, an award letter or screenshot)
• payslips, bank statements or tax returns if you are employed or self-employed
• details of savings, property, investments or other assets
• information about childcare costs or child maintenance payments

How to check your eligibility

You can check your eligibility for legal aid using the government’s online service:
Check if you qualify for legal aid

This official GOV.UK tool helps you find out whether you might be entitled to free or reduced-cost family mediation.

Help with court fees

If you decide to apply to court, you may also qualify for the Help with Fees scheme. This is separate from legal aid and helps people on low incomes pay or reduce court and tribunal fees.

You can find full details here: Get help paying court and tribunal fees

Key points about the Help with Fees scheme:

• eligibility depends on your savings, income and benefits
• you may have your fee waived or reduced if you receive certain benefits or earn below a set level
• for example, if you are under 66 and your court fee is £1,420 or less, you may qualify if your savings are below £4,250
• you can apply using form EX160 or through the online application process

This scheme can be helpful for those who are representing themselves in family court proceedings and cannot afford the full fee upfront.

Our service and legal aid

At Brighter Future Mediation Ltd, we want to be transparent: we do not undertake legal aid funded mediation cases.

If you need a mediator who provides legal aid, you can search for accredited professionals here:

• Family Mediation Council register: Search the FMC register
• Legal aid adviser directory: Find a legal aid adviser or family mediator

If you choose to work with us, we can support you on a fee-paying basis and we pride ourselves on our affordability. We will help you prepare for mediation, complete financial disclosure and navigate the process efficiently and fairly.

Important points to remember

• even if you qualify for legal aid, mediation depends on both parties being willing to engage in good faith
• if mediation is not successful and you go to court, legal aid may not cover all the costs of representation
• the Help with Fees scheme does not cover all costs but can reduce or remove court fees depending on your income
• if your financial situation changes, your eligibility for legal aid or Help with Fees may also change
• courts generally expect you to have considered mediation before filing an application to court

Final thoughts

If you are dealing with a family matter and are worried about cost, legal aid and Help with Fees are both worth exploring. By checking your eligibility and finding the right provider, you can often save time, stress and money.

If you decide to proceed on a private basis, Brighter Future Mediation offers clear pricing, experienced mediators and a supportive process that helps you move forward with confidence.

Disclaimer: This blog post is provided for general information only and does not constitute legal or financial advice. The information contained here is accurate at the time of publishing (November 2025) but may change in line with updates to UK law and government guidance. For advice on your specific circumstances, please consult a qualified solicitor or adviser.