Urgent Call to Revitalize Legal Aid for Family Mediation in Scotland

28 July 2026

Recent developments have brought to light a pressing issue in Scotland's family law system: the dwindling availability of legally aided family mediation services. The Justice Select Committee's report, Access to Justice: Legal Aid, published on 17 July 2026, underscores the urgent need for reform to ensure families can access the support they need during challenging times.

Family mediation offers a constructive avenue for resolving disputes related to parenting, property, and finances without resorting to court proceedings. However, the effectiveness of this service is being undermined by stagnant legal aid rates for family mediators, which have remained unchanged for 25 years. This financial stagnation has led to a significant reduction in the number of mediators willing or able to offer legally aided services.

Stephen Burke, Chair of the Family Mediation Council (FMC), highlights the gravity of the situation: "Legal aid is becoming a right on paper rather than a service that families can actually access." The FMC reports that in some regions, providers have ceased offering legally aided mediation altogether, while others are limiting the number of such cases they accept due to financial constraints.

The Justice Select Committee's report acknowledges these challenges, stating that "legal aid capacity is significantly constrained across all areas of social welfare law and mediation." It recommends that the Ministry of Justice consider financial incentives to ensure legally aided provision exists in areas currently lacking it.

For families in Scotland, the implications are profound. Without access to affordable mediation services, many are left with limited options: either navigate the complexities of the court system without professional guidance or leave critical issues unresolved. This not only places additional strain on the already overburdened family courts but also leaves families without the support they need to reach amicable solutions.

At Thompson Family Law, we recognize the vital role that accessible mediation services play in supporting families through difficult transitions. We join the call for the Scottish Government to take immediate action to increase legal aid rates for family mediators. By doing so, we can ensure that all families, regardless of their financial circumstances, have access to the support they need to resolve disputes constructively and move forward with their lives.

For those seeking assistance, it's essential to be aware of the current challenges in accessing legally aided mediation services. We encourage families to reach out to legal professionals to explore all available options and to stay informed about ongoing developments in this area.