Professional indemnity explained

Professional indemnity for family mediators

Reviewed by the Apex broking team · Last reviewed 2026-10-31

Professional indemnity for family mediators is insurance that meets claims and defence costs if a participant alleges your mediation work was negligent and caused them loss. The Family Mediation Council Code of Practice says you must not mediate without it.

Part of: Professional indemnity insurance

In short

Family mediators registered with the Family Mediation Council (FMC) must hold adequate professional indemnity insurance: section 3.5 of the FMC Code of Practice says mediators must not mediate unless they are covered. Claims usually arise from poorly recorded proposals, missed disclosure, safeguarding decisions, confidentiality breaches or MIAM paperwork. Legal aid work and civil or commercial mediation add their own requirements. A suitable policy names every service you offer, including MIAMs, child inclusive work and online sessions, and is reviewed if you start mediating outside family disputes.

Do family mediators need professional indemnity insurance?

Yes. The FMC Code of Practice published by the Family Mediation Council states at section 3.5 that "Mediators must not mediate unless they are covered by adequate professional indemnity insurance." The Code applies to mediators registered with the FMC, which sets the FMC standards for registered mediators that accredited and working-towards-accreditation mediators follow.

The Code does not set a minimum limit or prescribe a policy wording. "Adequate" is left to the mediator, so the limit and scope should reflect your caseload, whether you handle complex financial matters, and whether you work alone or within a practice that employs other mediators. Many mediators are also solicitors, barristers or therapists, and the cover attached to that other profession does not always extend to mediation. See our wider guide on whether mediators and arbitrators need PI.

How the rules shape the risk

Several features of family mediation affect what a claim might look like.

Feature	What the rules say	Why it matters for PI
MIAMs	Statutory MIAMs are defined by section 10 of the Children and Families Act 2014; people applying for certain family court orders must usually attend one unless an exemption applies	Errors in assessing exemptions or completing forms can delay proceedings and lead to complaints
Without prejudice discussions	The Code treats negotiations as not to be referred to in legal proceedings, but financial facts are provided on an open basis	Disputes can arise over what was disclosed and how it was recorded
Safeguarding	Confidentiality does not apply where a child or other person is suffering or likely to suffer significant harm, and the appropriate agency must be notified	Decisions to disclose, or not, may be challenged
Independent advice	Participants should be advised that independent legal advice is in their interests before reaching any final agreement	Failing to give that advice weakens a defence if a settlement later proves unfair
Legal aid	Publicly funded mediation is delivered under the Legal Aid Agency civil contract and its mediation rules	Contract terms, audits and recoupment are a separate risk from negligence claims

Legal aid can cover the MIAM and mediation sessions for eligible participants, as explained in the GOV.UK guidance on family mediation funding. Mediators providing it should check that their contract work is declared to insurers.

Where claims against mediators come from

Mediators do not give legal advice or impose outcomes, which keeps claims relatively uncommon. When they do arise, they tend to follow a few patterns:

Agreements and summaries. A participant says the written summary of proposals misstated what was agreed, or omitted a pension or property, and that they relied on it.
Disclosure. A participant alleges the mediator did not ensure full financial disclosure before proposals were drawn up.
Safeguarding. Domestic abuse or child protection concerns were not screened, or were handled in a way that put someone at risk.
Confidentiality and data. Information from one participant was shared with the other without consent, or records were lost. A complaint may also go to the Information Commission (formerly the ICO). See GDPR cover within PI.
Non-client claims. Each participant may be a client, and children or new partners may also allege harm. Our page on claims from people who are not your client explains how wordings treat third parties.

Complaints to the FMC or a member organisation are not the same as a claim, but some policies require them to be notified. See when a complaint must be notified.

Illustrative examples

These examples are illustrative only and do not describe real cases.

Example 1: the missing pension. A mediator's summary of financial proposals leaves out one party's workplace pension. The participants sign a consent order based on it, and one later alleges the mediator's summary caused them loss. A PI policy would usually respond to defence costs, subject to its terms.
Example 2: the screening decision. A mediator proceeds with joint sessions after a screening call. One participant later alleges that warning signs of abuse were missed and that the process caused harm. Whether the claim succeeds turns on the screening carried out and recorded.
Example 3: the commercial instruction. A family mediator accepts a workplace dispute between business partners. The policy describes the business as family mediation, so the insurer questions whether the new work is covered.

Common mistakes

Relying on another profession's cover. A solicitor's or therapist's policy may not treat mediation as an insured activity.
Not declaring civil, workplace or commercial mediation. These carry different exposures. See PI when acting as a mediator and work outside your declared business description.
Forgetting online sessions. Video mediation raises data and identity risks; a cyber policy covers breach costs that PI usually does not.
Letting cover lapse on retirement. Claims can be made years later on a claims made policy, so plan run-off cover.
Ignoring premises risk. If participants attend your rooms, public liability insurance is a separate cover.

What to check with your broker

Confirm the policy names every service: MIAMs, child inclusive mediation, financial and children cases, and any civil or workplace work.
Check the limit is adequate for the value of the assets you typically deal with.
Ask whether defence costs for regulatory or membership body complaints are included.
Check that employed and self-employed mediators in your practice are covered.
If you use AI note-taking or drafting tools, ask how the policy treats them; our AIpedia guides cover the questions to raise.
Keep a record of screening, advice given and disclosure for every case.

Apex arranges professional indemnity insurance for family mediators; a broker reads every enquiry.

Sources

Frequently asked

Is PI insurance compulsory for family mediators in England and Wales?

For mediators registered with the Family Mediation Council, yes in practice. Section 3.5 of the FMC Code of Practice says mediators must not mediate unless covered by adequate professional indemnity insurance. The Code does not set a minimum limit, so the amount should reflect your caseload and the value of disputes.

Can a family mediator be sued if they do not give legal advice?

Yes. Claims usually allege negligence in running the process rather than in advising: inaccurate summaries of proposals, inadequate disclosure, poor safeguarding screening or breaches of confidentiality. Defence costs can be significant even when the claim fails, which is why the cover matters.

Does my solicitor’s PI cover my mediation work?

Not necessarily. A law firm policy may cover mediation provided by the firm, or it may treat it as a separate activity. Check the wording and the business description, and declare mediation specifically. Mediators who work independently of their firm usually need their own policy.

Do MIAMs need to be covered by my policy?

Yes. A MIAM is part of the services you provide, and mistakes over exemptions, suitability or paperwork can lead to complaints and claims. Make sure the insured activities include information and assessment meetings as well as full mediation sessions.

Does family mediation PI cover civil or commercial mediation?

Not automatically. Civil, workplace and commercial disputes can involve larger sums and different expectations. If you take this work on, tell your broker so the business description and limit can be reviewed before you start.

Talk to a broker about this cover

Tell us what your business does, your turnover and any claims. A broker reads every enquiry and comes back with options. No fee for a quote. Or call 0117 325 0027.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances, and it does not guarantee that cover will be available or on what terms.