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Book a MIAM →What Is Discussed and Agreed in Family Mediation?
Before committing to mediation, most people want to know whether it can actually resolve their specific situation. This guide explains what topics mediation covers, what kinds of agreement it produces, and the limits of what the process can decide.
Key points
- Mediation can address any issue arising from a separation — children's arrangements, finances, property, and practical matters.
- There is no fixed agenda — both parties bring the issues they need to resolve.
- A mediation agreement (memorandum of understanding) is not automatically legally binding — it must be converted into a court order for legal enforceability.
- Mediation cannot give legal advice on what is fair, make court orders, or force compliance.
- For the legal detail of what can be included in a financial settlement, see: What Can Be Included in a Financial Settlement?
For a full overview of how family mediation works, see our complete guide
What Issues Can Be Discussed in Mediation?
Mediation can address any issue that needs to be resolved following a separation. Both parties bring the topics most pressing to them. The most common areas are:
Children and parenting
- Where children live and the time they spend with each parent (child arrangements).
- Holiday and special occasion arrangements.
- Schooling decisions — including school choice and additional tutoring.
- Healthcare and medical decisions.
- Communication between households.
- Introducing new partners to children.
Finances and property
- Division of savings and investments.
- What happens to the family home — sale, transfer, or deferred sale.
- Pensions — sharing, offsetting, or earmarking.
- Maintenance payments — spousal and child maintenance.
- Business assets and interests.
- Debts and liabilities.
Practical separation matters
- Dividing possessions and shared assets.
- Interim financial arrangements during the separation.
- Arrangements for shared pets.
- Communication protocols between the two households.
What Kinds of Agreement Does Mediation Produce?
If both parties reach agreement on one or more issues, the mediator produces a memorandum of understanding — a written record of what was decided in plain English. This document is shared with both parties at the end of the process.
For child arrangements, a parenting plan is often produced alongside or instead of a memorandum of understanding. This is a more structured document covering the specific arrangements agreed for the children.
These documents are not automatically legally binding. For financial agreements, a consent order must be applied for through the court to make the agreement legally enforceable. This is strongly recommended — without a consent order, either party can make financial claims against the other even after the divorce is finalised.
What Happens After a Mediation Agreement? — a full guide to how a mediation outcome is formalised legally.
Can Mediation Produce Partial Agreements?
Yes — and this is more common than many people realise. Mediation does not have to resolve every issue in a case to be valuable. Reaching agreement on some issues narrows what the court needs to decide and can significantly reduce the cost and length of court proceedings.
Example
A couple cannot agree on where their children will live, but do reach agreement on holiday arrangements, schooling, and financial matters. The court needs to decide only the living arrangement question — saving months of contested proceedings.
Partial agreement is recorded in the memorandum of understanding alongside a note of the unresolved issues. Both parties still receive FM1 certificates.
What Mediation Cannot Decide
Understanding the limits of mediation is as important as understanding what it can do.
- Make legally binding court orders — only a court can do this.
- Give legal advice to either party on what is fair or what their rights are.
- Compel financial disclosure — though the mediator can close the case if one party refuses to engage honestly.
- Handle cases involving active safeguarding concerns about a child requiring immediate court intervention.
- Resolve disputes involving hidden, disputed, or highly complex assets that require forensic accounting or expert valuation outside the mediation process.
Important note
For the legal categories of what can be included in a financial settlement — pensions, property, maintenance, and so on — see: What Can Be Included in a Financial Settlement?
Related Questions
Is a mediation agreement legally binding?
Not automatically. A memorandum of understanding, which records what was agreed in mediation, is not itself legally binding. To make a financial agreement legally enforceable, it must be converted into a consent order by the court. Child arrangements can also be formalised through a child arrangements order if needed.
What can mediation not decide?
Mediation cannot make legally binding decisions — only a court can do that. Mediators also cannot advise on what is legally fair, draft binding legal documents, or handle cases involving active safeguarding concerns about a child. Complex matters such as hidden assets may also require specialist legal or forensic input outside the mediation process.
Next Steps: Identify Your Priority Issues Before the First Session
The clearest way to prepare for mediation is to identify — before the first joint session — the specific issues you most need to resolve and those where you have some flexibility.
If you are addressing finances: start gathering the documents listed in our preparation guide. If children's arrangements are the focus: think through the current routine and what you want the future to look like.
Your mediator will help structure the discussion — but arriving with a clear sense of your priorities makes the session significantly more productive.
When you're ready
Ready to explore whether mediation can resolve your situation? A MIAM appointment is the starting point — a private meeting with an accredited mediator to assess your options.
Book a MIAM onlineDelivered by qualified family mediators in line with UK mediation standards.
Many people begin mediation by learning, not deciding.
Understanding your options can be a helpful first step.
What to do next
What Happens After Agreement?
How to make a mediation agreement legally binding.
Read moreMediation for Child Arrangements
How mediation helps resolve children's living and contact arrangements.
Read moreMediation for Financial Disputes
How mediation helps resolve property, pensions, and financial settlements.
Read more