Going To Court After Mediation

Mediation is commonly used by divorcing couples to resolve their issues without resorting to litigation. Often, mediation succeeds, and the parties can move on from their separation and concentrate on the future. If mediation does not achieve your desired outcome, however, you can still take the matter to court. Going to court after mediation can be stressful and overwhelming, but our specialist divorce solicitors will be by your side every step of the way.

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What Is Mediation?

Mediation is a form of alternative dispute resolution. It involves a divorcing couple trying to negotiate a settlement of the issues arising from their divorce with the help of an impartial third party known as the mediator. Examples of the issues that can be addressed at mediation include the financial settlement and any child arrangements.

Mediators are highly trained professionals with a variety of backgrounds, including family law, social work, and counselling. You can choose a mediator whose background and style you think would be most suitable to your case.

During a mediation, the mediator acts as an intermediary between the parties and encourages constructive discussions. You can choose to conduct the mediation by way of a round-the-table meeting, in separate rooms, or a combination of approaches. Your family law solicitor will accompany you to the mediation to offer support and guidance and advise you on the terms of any settlement offers made by your ex-partner.

Mediation has an impressive success rate in divorce cases and has many notable benefits. For example, it is cheaper and quicker than litigation, and its informal style places less strain on everyone involved. It is confidential, so it encourages the parties to be open and honest and can also minimise any acrimony between them. If you are successful in resolving your issues through mediation, your agreement can be made binding by way of a Court Order that you can enforce against your ex-partner if they breach it.

Are You Obliged To Attend A Mediation Before Going To Court?

Mediation is not mandatory, and you cannot be forced to attend one. However, before you make an application to court in connection with any issues to arise from your divorce, you and your ex-partner are obliged to attend a Mediation and Assessment Meeting (MIAM), unless one of the limited exceptions apply, such as there being a history of domestic abuse.

The purpose of a MIAM is for an independent mediator to assess the suitability of the case for mediation. During the MIAM, the mediator will explain how mediation works and its potential benefits. You will have an opportunity to tell the mediator about your situation and discuss the issues that need resolving. Your MIAM will likely last around an hour, after which the mediator will let you know whether they believe your case is suitable for mediation. You can then decide whether you want to pursue mediation or another form of alternative dispute resolution or whether you wish to head straight to court. If you decide to pursue your case through the courts, the mediator will issue you with a certificate confirming that you attended the MIAM.

In our experience, many family law matters, including divorce, can be successfully resolved by the parties taking a constructive approach. We firmly believe that litigation should be a last resort, and we encourage all our clients to explore alternative options before resorting to litigation.

Is Mediation Suitable In Every Case?

While mediation can produce excellent outcomes in many cases, it is not suitable for every couple. Examples of cases for which mediation may be unsuitable include the following:

Domestic abuse situations.
Significant power imbalances.
Where there are concerns that one party may be hiding assets.
Where there are child safety concerns.
Where one party refuses to cooperate.

Can You Avoid Going To Court After Mediation?

If the mediation process does not result in a settlement of all the issues arising from your divorce, you do not necessarily have to go to court. The mediation may have been successful in narrowing the issues between you and your ex-partner, and further negotiations between the parties’ legal teams may lead to a settlement of anything outstanding.

If, despite exploring alternative dispute resolution methods, you end up going to court after mediation, the proceedings may be considerably shorter for the parties having attempted mediation since you may have been able to settle many of the issues. The Judge then needs to concentrate only on those outstanding issues on which an agreement has not been reached.