Family mediation: how it works, how much it costs, is it mandatory?
Published on 09/07/2026
When dialogue has broken down, taking everything to the judge is not always the best route — nor the quickest. Family mediation (médiation familiale) offers another path: renewing communication with the help of a neutral third party to reach agreements yourselves. Here, in a documentary way, is how it works, what it costs and what the law says in 2026.
What is family mediation?
Family mediation is an amicable method of resolving family conflicts, conducted by a family mediator — an impartial, independent and qualified professional holding the State diploma in family mediation (diplôme d'État de médiateur familial, DEMF) (Social Action and Families Code, art. R451-66 et seq.). Their role is not to decide, but to help the parties restore dialogue and build their own solutions: parental authority, the children's residence, maintenance, everyday organisation, but also a contentious inheritance or a breakdown of the bond between grandparents and grandchildren. The official page What is family mediation? sets out the framework.
Voluntary or imposed by the judge?
The principle is that mediation is voluntary: no one can be forced to reach agreement. But the judge has two levers:
- the judge may propose mediation and, with the parties' agreement, appoint a mediator (Article 1071 of the Code of Civil Procedure);
- the judge may order the parties to meet a mediator — not to mediate, but to be informed about the object and conduct of the measure (in matters of parental authority, Article 373-2-10 of the Civil Code).
⚠️ An important exception. The judge may neither propose nor order mediation where violence is alleged by one parent against the other or against the child, or in the event of manifest coercive control. This reservation protects the most serious conflict situations.
Is family mediation mandatory?
This is a frequent question, and the answer has changed. A mandatory prior family mediation attempt (tentative de médiation familiale préalable obligatoire, TMFPO) existed, but only on an experimental basis, in a few courts, on the basis of Article 7 of the Law of 18 November 2016. This experiment ended on 31 December 2024 and was not generalised.
As of today, there is therefore no general obligation of prior family mediation. The judge retains only their power to order you to meet a mediator for information (see above).
⚠️ Beware of confusing this with another mechanism: for small everyday disputes (claims up to 5 000 €, neighbour conflicts), an attempt at amicable resolution is indeed mandatory before referring the matter to the judge — but that concerns ordinary civil disputes, not family litigation. We explain this in our guides The formal notice and The conciliator of justice.
Note, finally, that a party who, without a legitimate reason, fails to comply with the judge's order to meet a mediator is liable to a civil fine of up to 10 000 € (Article 1533-3 of the Code of Civil Procedure).
How does a mediation proceed?
The process begins with an information meeting, free and without commitment, where the mediator explains the framework. Then come the mediation sessions (often a few, of one to two hours each). If the parties find common ground, the agreement is written down; it can be submitted to the judge for approval, which gives it the same force as a judgment.
How much does it cost?
The information meeting is free. The following sessions are charged according to a national scale set by the CNAF, proportional to each participant's income: from a few euros to about 130 € per session and per person for the highest incomes. The up-to-date scale is on the CAF's "Family mediation" page. Only services under CAF agreement apply this solidarity-based rate.
Confidentiality
Mediation is confidential: what is said there cannot, in principle, be reported to the judge. Confidentiality has rare exceptions — notably an overriding reason relating to the protection of the child, or where disclosure of the agreement is necessary for its implementation (for example for its approval).
Where to find a family mediator?
You can turn to a family mediation association under CAF agreement, consult the lists kept by the courts of appeal, or go through a point-justice. For any general information, Allô Service Public (3939) covers family law.
Succeeding in a mediation also means arriving with clear ideas: what you want, what is negotiable, the facts and figures that matter. Calmly recording all this, in a cool moment, helps you approach the sessions with composure rather than in the emotion of the conflict — this is one of Aridelle's uses.