If you qualify for Legal Aid for family mediation, it can cover your MIAM, your mediation sessions and certain related work, such as paperwork and financial disclosure. If only one person qualifies, the other person’s MIAM and first joint mediation session may also be covered.
What Legal Aid Covers for You
- Your Mediation Information and Assessment Meeting (MIAM)
- Your mediation sessions
- The mediator’s preparation time and follow-up work
- Documents prepared during mediation, such as a Parenting Plan, Outcome Statement or Memorandum of Understanding
- Financial disclosure work where financial arrangements are being discussed
In most cases, if you are eligible, you will not have to pay for these parts of the mediation process.
What Legal Aid Covers for the Other Person
- The other person’s MIAM
- The first joint mediation session
Is Legal Aid for Mediation the Same as Legal Aid for a Solicitor?
No. Legal Aid for family mediation is different from Legal Aid for a solicitor or court representation.
Being eligible for Legal Aid for mediation does not automatically mean you will qualify for Legal Aid for legal representation in court. The rules for solicitor and court funding are stricter and depend on the type of case and the evidence available.
So, while mediation may be fully funded for an eligible person, that does not automatically extend to court proceedings.
What About the CW5 Scheme?
You may have heard of something called the CW5 scheme. This is a limited form of Legal Aid that allows someone who is already engaged in mediation to get some free legal advice from a solicitor.
The CW5 form is issued by your mediator if they believe you could benefit from that legal advice — for example, to sense-check a proposed agreement before you sign it or for help with making agreements legally binding.
However, it’s important to know that the payment to solicitors under the CW5 scheme is very low, and as a result, there are very few solicitors who currently offer it. Those who do often have long waiting lists.
If you are offered a CW5 form, your mediator will explain how it works and suggest how you might find a solicitor who still accepts it.
In Summary
Legal Aid for mediation is a vital way of helping families access professional support to make decisions without the stress and cost of court proceedings.
If you qualify, it means:
- Your mediation is free of charge.
- The other person’s first meeting and joint session are also free.
- You’ll receive professional, impartial support from an accredited mediator.
And even if you don’t qualify yourself, it’s still worth asking whether the other person does because that could mean the first steps of mediation are covered for both of you.
If you’re unsure whether you might qualify for Legal Aid, we can help you find out. When you contact us, we’ll ask you some simple questions and let you know whether you will qualify for Legal Aid.
To find out more or arrange your MIAM, get in touch with us at info@vollansmediation.co.uk