Mediation Glossary: Family Law Terms UK

Mediation Glossary: Understanding Key Terms

Family mediation and court processes use many specialist terms. This mediation glossary explains the key terminology you need to know.

A

All-Issues Mediation

Mediation covering both child arrangements and financial matters together. Often more efficient than addressing them separately.

Applicant

The person who makes an application to court. In a C100 application, the applicant is the parent applying for a child arrangements order.

B

Barrister

A specialist court advocate who can represent you in family court hearings. Usually instructed through a solicitor.

C

C100 Form

The court form used to apply for a child arrangements order. Must be accompanied by a MIAM certificate or exemption evidence.

Cafcass

Children and Family Court Advisory and Support Service. The organisation that:

• Represents children's interests in family court
• Conducts safeguarding checks
• Prepares reports for the court
• Has officers present at hearings

Website: cafcass.gov.uk

Child Arrangements Order

A court order setting out where children live and who they spend time with. Replaced the old "residence" and "contact" orders.

Consent Order

A court order made when both parties agree to its terms. Often used to make mediated agreements legally binding.

Contact

Old term (pre-2014) for time a child spends with a parent. Now called "spends time with" under a child arrangements order.

Custody

Old term no longer used in UK family law. Replaced by "child arrangements" covering where children live and who they spend time with.

D

Dispute Resolution Appointment (DRA)

A court hearing held after the FHDRA if settlement wasn't reached. Another opportunity to resolve issues before a final hearing.

Domestic Abuse

Physical, emotional, financial, sexual, or psychological abuse including coercive control. Can provide exemption from MIAM requirement.

E

Ex-Parte

A court application made without notifying the other party. Used in emergencies where notice would cause harm.

F

Family Court

The court that handles family law cases including child arrangements, divorce finances, and domestic abuse matters.

Family Mediation Council (FMC)

The regulatory body for family mediators in England and Wales. Only FMC-accredited mediators can conduct valid MIAMs.

Family Mediation Voucher Scheme

Government scheme providing up to £500 per person towards family mediation costs for child-related disputes.

FHDRA

First Hearing Dispute Resolution Appointment. The first court hearing after a C100 is submitted. Aims to resolve issues without a full hearing.

Financial Remedy

Court process for dividing finances in divorce. Includes property, pensions, savings, and maintenance.

FM1 Form

The MIAM certificate signed by a mediator confirming you've attended a MIAM or have an exemption.

Form E

The standard financial disclosure form used in divorce proceedings. Requires full disclosure of all assets, income, and liabilities.

H

HMCTS

Her Majesty's Courts and Tribunals Service. The agency responsible for administering courts and tribunals. Website: gov.uk/hmcts

L

Legal Aid

Government funding for legal services and mediation for those who qualify based on income or domestic abuse.

Litigant in Person (LiP)

Someone who represents themselves in court without a solicitor or barrister.

Lives With

The current term for where a child primarily lives under a child arrangements order. Replaced "residence".

M

Mediator

A trained neutral professional who helps separating couples reach agreements. Must be FMC-accredited for family mediation.

Memorandum of Understanding (MOU)

A document produced by the mediator summarising agreements reached in mediation. Not legally binding until converted to a consent order.

MIAM

Mediation Information Assessment Meeting. A required meeting with a mediator before applying to family court for child arrangements.

N

Non-Molestation Order

A court order to protect someone from domestic abuse. Breaching it is a criminal offence.

O

Occupation Order

A court order determining who can live in the family home, usually in domestic abuse situations.

P

Parenting Plan

A written document setting out how parents will co-parent after separation. Can be informal or part of mediated agreements.

Prohibited Steps Order

A court order preventing a specific action regarding a child, such as removing them from the country.

R

Residence

Old term (pre-2014) for where a child lives. Now called "lives with" under a child arrangements order.

Respondent

The person responding to a court application. In a C100, the other parent.

S

Section 7 Report

An in-depth Cafcass report investigating the family situation and making recommendations to the court.

Shuttle Mediation

Mediation where parties stay in separate rooms and the mediator moves between them. Used in high-conflict cases.

Solicitor

A qualified lawyer who can advise on family law and represent you in certain court proceedings.

Specific Issue Order

A court order deciding a specific question about a child's upbringing, like which school they attend.

Spends Time With

The current term for contact time under a child arrangements order. Replaced "contact".

U

Undertaking

A formal promise made to the court. Breaching an undertaking can be contempt of court.

W

Welfare Checklist

The factors a court must consider when making decisions about children, including children's wishes, needs, and any harm.

Without Prejudice

Communications that cannot be used as evidence in court. Mediation discussions are typically without prejudice.

Using This Mediation Glossary

Bookmark this mediation glossary for reference throughout your mediation or court process. Understanding terminology helps you engage more effectively.

Next Steps

1. Understand MIAMs - What is a MIAM
2. Learn about mediation - Family mediation guide
3. Prepare with Miam - AI assistant
4. Find a mediator - FMC directory

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Official Resources

For authoritative definitions and guidance:

Legislation

• Children Act 1989 - Child welfare definitions
• Family Procedure Rules 2010 - Court procedure rules
• Matrimonial Causes Act 1973 - Divorce law
• Domestic Abuse Act 2021 - Abuse definitions

Court Guidance

• Practice Direction 3A - MIAM rules
• Cafcass - Children's court service
• HMCTS - Court administration
• Judiciary Guidance - Court practice

Mediation Bodies

• Family Mediation Council - Mediator regulation
• FMC Code of Practice - Standards
• Resolution - Family law professionals

Government Guidance

• GOV.UK - Divorce - Official process
• GOV.UK - Child Arrangements - Parenting guidance
• GOV.UK - Court Forms - All forms

Support

• Citizens Advice - Free guidance
• AdviceNow - Plain English guides

What terms should I know for mediation?

Key terms include MIAM (initial assessment), C100 (court application form), consent order (legally binding agreement), Cafcass (children's advisory service), and FMC (mediator accreditation body).

What is the difference between mediation and arbitration?

In mediation, a neutral facilitator helps parties reach their own agreement. In arbitration, an arbitrator makes a binding decision. Mediation gives parties more control.

What does shuttle mediation mean?

Shuttle mediation is when parties remain in separate rooms and the mediator moves between them. Used when face-to-face meetings are not appropriate.