Are Family Mediators Lawyers? What You Really Need to Know.

Are Family Mediators Lawyers?

Fact checked by Jess Knauf, Director of Client Strategy, March 2025

Introduction

If you’re going through a separation or divorce, you’ve probably heard the term family mediator thrown around, often in the same breath as solicitor or lawyer. It’s a fair question to ask: are family mediators lawyers? The short answer is no, they are not, and that distinction matters more than you might think.

In this blog, we’ll explain exactly what a family mediator does, how their role differs from a solicitor’s, what happens when someone is both, and why that “both” situation can actually cost you more for less.

What Is a Family Mediator?

A family mediator is a trained, impartial professional who helps separating couples have productive conversations about things like child arrangements, finances, and property. Their job is not to take sides, not to advise either party, and certainly not to tell you what to do.

Instead, a mediator creates a structured, safe space where both of you can talk through the issues and, ideally, reach an agreement that works for your family. That agreement is recorded in a document called a Memorandum of Understanding (MOU), though this isn’t legally binding on its own.

To practise as a family mediator in England and Wales, a mediator must be accredited by the Family Mediation Council (FMC). They will have completed specialist training and will follow a strict code of conduct. Their background could be anything from social work to counselling to law, but their role as a mediator is always the same: impartial facilitator, not adviser.

Are Family Mediators Solicitors?

No. Family mediators are not solicitors, and they are not lawyers in the traditional sense. While some mediators do come from a legal background, the two roles are fundamentally different in what they can and cannot do for you.

Here’s a quick comparison:

The key point here is impartiality. A solicitor works for you. A mediator works with both of you. That’s not a subtle difference; it’s the whole point of mediation.

Do Mediators Give Legal Advice?

This is one of the most common misunderstandings, so let’s be very clear: mediators do not give legal advice.

A mediator can share general information about the law, for example, how courts typically approach the division of pension assets, or what factors a judge might consider in a child arrangements case. But there is a significant difference between providing general legal information and advising you on what to do in your specific circumstances.

Advising you on your rights, telling you whether a settlement is fair, or recommending a course of action, that is legal advice, and it’s the job of a solicitor, not a mediator.

“We’re often asked whether we can tell clients what to do or whether a proposed agreement is legally sound. We can’t, and it’s important that people understand that. What we can do is help both parties have a really productive conversation, make sure all the key issues are covered, and then encourage them to take that Memorandum of Understanding to a solicitor for advice before anything is finalised.”

— Jess Knauf, Director of Client Strategy at Mediate UK

This is why we strongly encourage people going through mediation to also have access to independent legal advice (ILA), either alongside their mediation sessions or at least before any agreement is formally drawn up.

What Happens If a Solicitor Is Also a Mediator?

This is where things get interesting, and where we want to be particularly honest with you.

Some solicitors are dual-qualified, meaning they hold both a legal qualification and a mediation accreditation. In theory, this sounds like a great combination. In practice, there’s an important limitation that can significantly affect the value you receive.

When a solicitor is acting as your mediator, they cannot give legal advice. Full stop. They have, in effect, removed their solicitor’s hat and put on their mediator’s hat. The two roles cannot be worn at the same time in the same process.

So why does this matter from a cost perspective? Because a solicitor who is also a mediator will typically charge solicitor rates, which are considerably higher than those of a specialist mediator. You may be paying £200-£350 per hour for someone who, in that context, cannot do something a £150-per-hour mediator could do equally well.

You are, in effect, paying a premium for a qualification that cannot legally be used during the very service you are paying for.

“We see this come up regularly. Someone has been quoted a high hourly rate by a firm that offers ‘solicitor-mediators’, and they assume they must be getting more for their money. But in mediation, neither party receives legal advice from the mediator, regardless of the mediator’s background. It’s worth understanding that distinction before you book.”

— Jess Knauf, Director of Client Strategy at Mediate UK

This doesn’t mean solicitor-mediators aren’t skilled or useful; they often are. A mediator who deeply understands family law can help both parties think through issues more clearly. But that understanding informs the process, it doesn’t replace the legal advice you need from your own solicitor on the side.

What Qualifications Do Family Mediators Have?

Accredited family mediators in England and Wales must be registered with the Family Mediation Council (FMC), the regulatory body that sets and maintains professional standards for mediation in family cases.

To become FMC-accredited, mediators must:

• Complete an approved foundation mediation training course
• Undertake supervised practice hours
• Pass a portfolio assessment
• Commit to ongoing Continuing Professional Development (CPD)
• Hold appropriate professional indemnity insurance

Some mediators also hold accreditation from the Resolution organisation, which promotes constructive approaches to family law. At Mediate UK, all of our mediators are FMC-accredited, and we pride ourselves on the quality and experience of our team.

Can I Get Legal Advice During Mediation?

Yes, absolutely, and we actively encourage it.

Taking independent legal advice alongside mediation is one of the best things you can do to make sure any agreement you reach is fair, realistic, and in your long-term interest. This is sometimes called mediation with legal support, and it looks something like this:

1. You attend mediation sessions with your ex-partner and the mediator.
2. Between sessions, you consult with your own solicitor to understand your rights and options.
3. You use that information to make more informed decisions in the next mediation session.
4. Once an agreement is reached, the mediator produces a Memorandum of Understanding.
5. A solicitor then reviews the MOU and, if appropriate, applies to the court for a consent order to make the financial agreement legally binding.

This approach gives you the best of both worlds: the cost-efficiency and flexibility of mediation, combined with the legal protection of professional advice.

What Is a MIAM, and Do I Need One?

A MIAM, or Mediation Information and Assessment Meeting, is the first step in the family mediation process. It’s a short meeting (usually around an hour) between you and an accredited mediator, where the mediator explains how mediation works, assesses whether it’s suitable for your situation, and answers any questions you might have.

Since April 2014, attending a MIAM has been a legal requirement before most types of family court application in England and Wales. If you want to apply to court about child arrangements, financial matters, or other family disputes, you generally must first show that you have attended a MIAM or that a specific exemption applies (such as in cases involving domestic abuse or urgency).

A MIAM does not commit you to mediation. It is simply an information-gathering step.

At Mediate UK, you can book a MIAM online quickly and easily, often within a matter of days. If your situation is particularly time-sensitive, you can also book an urgent MIAM for a faster appointment.

How Much Does Family Mediation Cost?

One of the most compelling reasons to consider mediation is cost. While exact fees vary depending on the mediator and the complexity of your case, mediation is almost always significantly cheaper than going through solicitors for negotiation or court proceedings.

As a rough guide:

• A MIAM typically costs between £120 and £150 per person
• Joint mediation sessions typically cost between £120 and £200 per person, per hour
• Most cases reach resolution within 3–5 sessions
• Total mediation costs for both parties often come to less than the cost of a few hours of solicitor correspondence

Legal aid is available for mediation for those who qualify financially, meaning some people pay nothing at all. If one party qualifies for legal aid, the other party’s MIAM is also free. You can check your eligibility HERE.

When Is Mediation Not Suitable?

Mediation is a genuinely helpful process for many separating couples, but it isn’t right for every situation. Your mediator will assess suitability at the MIAM stage, and there are recognised exemptions to the MIAM requirement where mediation would not be appropriate.

Mediation may not be suitable if:

• There is a history of domestic abuse or controlling behaviour
• There is a significant power imbalance between the parties
• One party refuses to engage or is unwilling to disclose financial information honestly
• The situation involves urgent child protection concerns
• There are complex legal or international dimensions that need immediate court intervention

If mediation isn’t suitable for you, there are other options, including solicitor-led negotiation, collaborative law, or court proceedings. A good mediator will always be honest with you about whether mediation is the right fit.