Specialist Family Mediators and Solicitors
Family mediation is increasingly used in the UK to help separating couples and families resolve disputes without going through stressful and expensive court proceedings. Mediation allows you to sit down with a neutral mediator, discuss your issues, and work towards a practical solution together. But one of the most common questions people ask is: is family mediation legally binding in the UK?
The short answer is: no, family mediation itself is not legally binding. However, the agreements you reach can be turned into a legally binding court order if you take the right next steps.
And here at Bonallack & Bishop, we are big fans of family mediation. We strongly believe it works extremely well for many if not most family law problems. As a result, our family law and divorce team includes a Resolution trained jointly qualified family mediator/lawyer.
Call Us Now on FREEPHONE 0800 1404544 or One of Our Local Office Numbers or Email for Your FREE Specialist Divorce and Family Mediation Advice – FREE initial phone advice and a FREE 1st 30 minute appointment.
Are Family Mediation Agreements Binding by Themselves?
- When you finish mediation, the mediator will usually write up a document called a Memorandum of Understanding (MoU).
- This sets out what you agreed, for example around child arrangements, financial matters, or division of property.
- An MoU is an important record but it is not legally enforceable on its own.
- If one person later changes their mind, the other cannot enforce the agreement in court unless it has been turned into a legally binding order.
How Do You Make Mediation Agreements Legally Binding?
There are two main routes:
1. Consent Order (for financial or property agreements)
- If your agreement is about money, property, pensions, or debts, a solicitor can draft a Consent Order based on your mediation outcome.
- The court checks it to make sure it is fair and, once approved, it becomes a legally binding and enforceable order.
Click here to read more about Consent Orders
2. Child Arrangements Order (for parenting agreements)
- If you reach an agreement about your children, such as where they live or how much time they spend with each parent, you can ask the court to make this into a Child Arrangements Order by consent.
- Again, this gives your agreement legal force if one parent does not stick to it.
Click here to read more about Child Arrangement Orders
Do You Always Need to Make It Binding?
No, it’s not necessary in every case. Many families choose to keep their mediation agreements informal and simply follow what they agreed. This works well where both sides are committed and cooperative, and tends to be more used in cases relating to children rather than divorce finances.
But you should strongly consider making it binding if:
- There are significant financial assets, such as a house or pension.
- You want long-term certainty and peace of mind.
- You are concerned that the other person might not stick to what was agreed.
Remember – if you haven’t finalised any financial arrangement in a consent order approved by court, the other person can always make a further application to Court to consider family finances.
What Happens if Someone Breaks a Family Mediation Agreement?
If your mediation agreement has not been made legally binding, there is very little you can do if the other person changes their mind.
However, if you have obtained a Consent Order or Child Arrangements Order, you can apply to the court to enforce the order. The court then has the power to impose penalties or require compliance.
This is why many people choose to formalise mediation outcomes, particularly in financial or parenting cases.
Do You Need a Solicitor as Well as a Mediator?
Mediators are neutral. They guide discussions but cannot give you legal advice. For that reason, it is usually sensible to take advice from a family solicitor alongside the mediation process, especially before signing any legally binding agreement.
Your solicitor can:
- Check that the agreement is fair.
- Draft or review a Consent Order.
- Advise you on whether the court is likely to approve your order.
Can a Family Mediation Agreement Be Changed Later?
Yes. Life changes — people move house, children grow up, financial circumstances shift. If you have a Consent Order or Child Arrangements Order, you can apply to vary it by agreement, or in some cases by asking the court.
Mediation can also be used again in the future if you need to review or adjust previous arrangements.
Is Online Family Mediation Binding?
Online family mediation follows the same rules as face-to-face mediation. The process is simply carried out via video call rather than in person.
Agreements reached online are recorded in exactly the same way and are not legally binding unless made into a court order. The steps to formalise the agreement are identical.
Our jointly qualified family lawyer/mediator is happy to run mediation face-to-face or online using Zoom or another video call
Click here to read more about Family Mediation Online
Key Takeaway
Family mediation is a valuable way to resolve disputes, but the agreements you reach are not automatically legally binding. To give your agreement legal force, you normally need to obtain either a Consent Order (for finances) or a Child Arrangements Order (for children).
Getting advice from experienced specialist family solicitors is the best way to ensure your agreement is fair, workable, and legally enforceable.
