Urgent Call to Revitalize Legal Aid for Family Mediation in Scotland

19 September 2026

Recent developments have brought to light a pressing issue in the realm of family law: the sustainability 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 to increase legal aid rates for family mediators, which have remained unchanged for over 25 years.

Family mediation plays a crucial role in helping separating couples resolve disputes amicably, focusing on arrangements for children, property, and finances without resorting to contentious court proceedings. This approach not only reduces emotional stress but also alleviates the burden on the family justice system.

However, the stagnation of legal aid rates has led to a significant decline in the number of mediators offering legally aided services. Since 2018, there has been a 50% reduction in such providers. This trend poses a real danger that low-income families may soon be unable to access legally aided family mediation, depriving them of essential support during challenging times.

The Family Mediation Council (FMC) has been vocal about this issue. In a letter to the new Secretary of State for Justice, FMC Chair Stephen Burke emphasized that the government has an opportunity to improve outcomes for separating families, reduce pressure on the family justice system, and save public money. The FMC advocates for an urgent increase in legal aid rates paid to family mediators and a renewed commitment to family mediation as a preferred method for dispute resolution.

At Thompson Family Law, we recognize the invaluable benefits of family mediation. It offers a less adversarial, more collaborative approach to resolving disputes, which is particularly beneficial for children caught in the midst of family breakdowns. Ensuring that mediation services remain accessible to all, regardless of financial circumstances, is paramount.

We support the Justice Select Committee's recommendations and join the call for the government to take immediate action. By increasing legal aid rates for family mediators, we can preserve and strengthen this vital service, ensuring that all families have the support they need to navigate the complexities of separation and divorce.

For those considering mediation, it's essential to understand that this process can provide a more harmonious path forward, focusing on mutual agreement and understanding. If you're facing family disputes and are unsure of your options, our team at Thompson Family Law is here to guide you through the available avenues, including mediation, to find the best solution for your unique situation.