8.10In family mediation, the mediator carries out the eligibility test. If one of the parties qualifies for legal aid, then the cost of the MIAM will be met by the LAA.

8.11Family mediation is means tested; but from 3 November 2014 non-financially eligible parties were exempted from the financial means test in respect of the first mediation session where the other party is financially eligible for legal aid.1Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) (No 2) Regulations 2014. The LAA will pay half a single session fee for the non-eligible party.

8.12For all subsequent mediation sessions, legal aid is only available for the party eligible for legal aid. The idea is that the free ‘taster’ session will encourage the non-financially eligible party to fund their own mediation from then on.