Court Forms
What if we don’t reach an agreement in family mediation?
Whilst mediation can be very successful in resolving family disputes and facilitating positive agreements, there are sometimes cases where mediation is unable to resolve all issues in a situation. It is generally best to attempt mediation, and the courts actively encourage this, because at the very least, participants might succeed in ‘narrowing the issues’.
If you do not reach an agreement at mediation, the mediator will sign the necessary court form, and the case can then be heard by a judge or a magistrate.
It is always to be remembered, that during the mediation process, the decision making is in your hands. In court you give it over and lose that control.
Is mediation compulsory in family law?
In the UK, mediation is not compulsory for divorcing or separating couples, but it is strongly encouraged by the courts as a way to resolve disputes amicably and avoid costly and adversarial litigation. Since April 2014, before applying to the court for certain family law matters, such as child arrangements or financial disputes, couples are required to attend a Mediation Information and Assessment Meeting (MIAM). During the MIAM, an accredited mediator explains the benefits of mediation and assesses whether mediation is suitable for the couple’s situation.
When is family mediation a not appropriate service?
There are exceptions where attending mediation for a divorce may not be required or may not be appropriate:
If there is evidence of domestic abuse or violence, mediation may not be considered safe or appropriate, and alternative dispute resolution methods may be explored.
If there are urgent issues that require immediate court intervention, such as safeguarding concerns or emergency financial matters, mediation may not be required before applying to the court.
If one party refuses to attend mediation or if mediation is unsuccessful in resolving the dispute, the couple may proceed to court for a resolution.
WHEN MEDIATION SERVICES ARE NOT APPROPRIATE
Mediation services are a versatile and effective method for resolving disputes in many situations, but there are circumstances where it might not be the best approach. Mediation may not be appropriate in the following cases:
Non-cooperative participants: Mediation requires a willingness to negotiate and consider compromise from all involved. If a person is completely uncooperative or unwilling to engage in the process, mediation is unlikely to be successful.
Imbalance of power: If there is a power imbalance between the participants which cannot be addressed, successfully, by the mediator, then mediation is not appropriate.
Domestic Abuse. It has traditionally been felt that mediation is considered unsuitable if there has been domestic abuse in the relationship. Whilst this can often be the case, particularly when a participant has recently exited a relationship and is still processing their experience, mediators are trained to assess for domestic abuse and for suitability of mediation in individual circumstances.
Lack of commitment to confidentiality: Mediation is a confidential process. If the participants are not willing to adhere to confidentiality, mediation may not be suitable.
Criminal cases: Mediation is not appropriate if there is an ongoing criminal case, linked to the dispute.
In such instances, legal proceedings might be more appropriate to address the issues at hand.
Going to Court after Using a Mediation Service
When the participants are not able to reach an agreement in mediation or when one participant remains dissatisfied with the outcome, turning to the court system is one of the options they can take. If the case goes to court, a judge then makes legally binding decisions based on presented evidence and applicable laws. It’s important to note that participants may still be required to attempt mediation before a hearing.
All our mediators are accredited, which means they can sign important court forms such as C100 and Form A.