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Going to Court after Mediation

By 29/01/2025 No Comments
going to court after mediation

Everything you need to know about going to court after mediation

Parties may find themselves going to court after mediation for a number of reasons.  Mediation may have broken down after parties have been unable to reach agreement (though this is rare), or, more commonly, one party may have refused to attend mediation meaning the other party who is willing to attend mediation, has no option but to make an application to court to resolve issues.

Below we outline what happens after mediation fails and the process that follows after.

How long after mediation can you go to court?

It is not possible to make an application to court for child arrangements or financial issues, without having first spoken with a mediator in a Mediation Information and Assessment Meeting (MIAM). If the mediator feels mediation isn’t suitable, or one (or both) parties do not want to mediate, the mediator must sign the court application form to confirm mediation has been considered. 

There is no time limit on how soon after mediation/MIAM the court application can be made.  However, it should be noted the application must be made within four months of the date the mediator signs the form.  If the application is not made in this time, the court will ask the parties to attend a further MIAM to see if mediation is now suitable. 

Can a court order mediation?

The courts are increasingly keen for parties to reach agreements through Non Court Dispute Resolution (NCDR) such as Mediation.  The court process can be lengthy and expensive.  If the court thinks mediation could help resolve an issue without the need for further court intervention, they have the power to order parties to attend mediation.

Often the court will give the parties some indication or direction before returning them to mediation. For example the court might say a parent should have overnight contact with a child and then ask the parties to return to mediation to identify which nights of the week and handover times. Another example could be the court might determine an inheritance should be included as a matrimonial asset and then ask the parties to consider how it should be divided and divide the remaining assets in mediation.

Can I skip mediation and go straight to court?

Mediation is a voluntary process and as such parties cannot be made to mediate.  However, anyone wishing to make an application to court must consider mediation as a means of resolving their dispute.  This process is known as a Mediation Information and Assessment Meeting (MIAM).  It is compulsory to attend a MIAM with an accredited mediator before being able to make an application to court. Contact us now to request a MIAM.

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Is mediation better than going to court?

Here is a list of reasons why mediation is significantly better than going to court:

  • Mediation is significantly quicker than a court process
  • Mediation is significantly cheepier than a court process
  • Statistics show agreements reached at mediation last longer than those imposed by the courts
  • Resolving conflict quickly through mediation has a significantly reduced adverse impact on mental health
  • Parents who resolve issues through mediation are more effective at co-parenting for the benefit of their children.

What to do next

If you are wondering what happens after Mediation fails, or if you are unsure if mediation would suit your situation, please contact our expert team of mediators who are ready to talk.

Contact us now >