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What happens when only one of you qualifies

The short answer

If one of you is financially eligible for mediation legal aid, that funding covers the MIAM and the first joint session for both of you, whichever order you are seen in. If your case involves child arrangements, the person who is not eligible can then claim the £500 voucher in their own right, because the voucher is not means tested.

Key points

  • One person qualifying is enough to cover the MIAM for both of you.
  • The first joint session is covered too.
  • The order you are seen in does not matter.
  • The non-eligible person can still claim the £500 voucher, if children are part of the dispute.
  • Together that is often the assessment plus three or four sessions before anyone pays.

 

How the two schemes stack up

The person who qualifies

MIAM free. All their mediation sessions free. No contribution, no bill, nothing recovered afterwards.

The person who does not

MIAM covered by the other side’s legal aid. First joint session covered. Then up to £500 of voucher towards further sessions, if children are part of it.

A typical mediation session costs somewhere between £140 and £180 per person, so £500 is roughly three further sessions. For a lot of families that is the whole case.

Why the order does not matter

People assume the eligible person has to go first, or that seeing the non-eligible person first somehow forfeits it. Neither is true. Where one party is financially eligible for a legally aided MIAM, both parties are entitled to one regardless of the order in which they are seen.

So if you have already had your MIAM and paid for it, and you then discover your ex qualifies, say so to the mediator. It is worth asking about.

The figures

The Family Mediation Voucher Scheme

QuestionAnswer
How muchUp to £500 per family, including VAT
Means tested?No. Your income and savings are irrelevant
What it is forMediation about child arrangements, or about finances where there is also a child dispute
What it does not coverThe MIAM, and preparing documents
A finance-only caseDoes not qualify
Who claims itYour mediator, who must be authorised by the Family Mediation Council. The money goes to them, not to you
StatusFunded for the 2026 to 2027 financial year. No fixed end date, and subject to availability

Sources: the £500 amount, the child arrangements scope and the fact that it does not cover the MIAM are all confirmed by the Family Mediation Council. That it is not means tested comes from the Ministry of Justice’s own Family Mediation Voucher Scheme Analysis, which states that “access to the voucher scheme is not based on a family’s income or finances and those who are eligible for Legal Aid are not excluded from the scheme”. Checked 5 August 2026. This scheme has been extended several times and could end, so please confirm it is still running before relying on it.

Common and costly mistake

Neither of you mentioning it. Mediators are not psychic, and if nobody says “could either of us be eligible?” the assessment may never happen. Ask when you book, not after you have paid.

The second mistake is the person on a higher income assuming none of this touches them. The voucher has no financial test whatever, so their income is irrelevant to it.

What to say when you book

Something like: “I think my ex may be eligible for legal aid for mediation. Can you assess that, and if they qualify, does it cover my MIAM as well? And can I claim a mediation voucher for the sessions after that?”

Any mediation service holding a legal aid contract will know exactly what you mean. If the answer is vague, ring another one.

Find one through the GOV.UK finder for legal aid family mediators.

This page provides general information about the law of England and Wales. It is not legal advice and it does not create a solicitor-client relationship. Laws, fees and thresholds change. Where a decision matters to you, take advice from an appropriately qualified professional about your own circumstances.