Can I Skip Mediation and Go Straight to Court?
July 2022
When a relationship breaks down it can be a challenging time, especially if there are parenting arrangements and finances to resolve. Some separating couples are keen to skip mediation and go straight to court to resolve matters.
When you are desperate to reach a divorce financial settlement or have contact with your children, family mediation can appear as a hurdle to getting the court order you need.
At Fullers Family Law, we provide specialist family law advice as well as providing independent family mediation services.
Whether you should skip mediation will depend on your circumstances and those of your ex-partner.
Initial Discussion
This summary provides general information and does not constitute legal advice on any individual circumstances.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
What is Family Mediation?
It is important to understand what family mediation is before you look to skip over it. Do not be swayed because friends or relatives found mediation frustrating when they were going through divorce proceedings or if it didn’t help sort things out when you were negotiating child arrangements with a previous partner.
Family mediation is a type of alternative dispute resolution. Essentially it is an alternative to the court deciding on family-related financial matters or child arrangements.
If you reach an agreement in mediation the mediated agreement can be converted into an agreed court order. If you can't reach a mediated agreement, either of you can apply to a court for an order. The negotiations during mediation can't be disclosed in the court proceedings.
The key point about family mediation is that it is voluntary. However whilst you can't be forced to mediate, if you intend to issue court proceedings in most cases you will be required to attend a Mediation Assessment and Information Meeting (MIAM) with a mediator first and obtain a certificate to say you have done so. The court may also encourage you to attempt mediation and put your case on hold whilst you do so
When you Should Skip Mediation and go to Court
There are some family law situations where mediation can be ruled out and you should go straight to court. They include:
- If you are in an abusive relationship and you need a non-molestation order or occupation order to protect you from domestic violence.
- If you think your children are at risk. For example, if you believe your ex-partner intends to take your children out of the UK without your agreement or if you do not want your ex-partner to have contact until their alcohol issues are resolved because of the risks they pose to the children.
- If your ex-partner is taking money or assets or won't provide financial disclosure and you think that by going to mediation your ex-partner will use the time to sell or transfer other assets to defeat your financial claims. The court can make an urgent injunction or freezing order to prevent the disposal of assets until the court makes a financial order.
When you Should try Mediation and Skip Court
You may think that your ex-partner is impossible and that mediation will delay your court application and cost you time and money. However, mediation can save you thousands in legal fees and time spent in court battles. A Family Mediation Council 2019 study of 2161 cases over a 6 month period showed a success rate of 70%.
A mediation information and assessment meeting (MIAM or pre-mediation meeting) can help you decide if mediation is worth trying. In many family law situations, you need to attend a MIAM before your family solicitor can start court proceedings for you.
Making Mediation Work for you
Here are some points to consider before deciding to skip mediation:
- The type of family mediation – normally a couple and their mediator sit together in a room to broker an agreement. If that isn’t possible because of geographic distance or a previous history of domestic abuse, you could consider the use of shuttle mediation. In shuttle mediation, you and your partner are in separate rooms and the mediator shuttles between rooms to help you reach an agreement. There are other ways of delivering mediation which you can explore by speaking with our team.
- Take legal advice during mediation – mediation may not work when one or both parties are uncertain about their legal rights, so they are unsure about whether to compromise. Taking legal advice before and in between mediation sessions can give you the confidence to make mediation work for you.
Remember that if you think your ex-partner will be difficult in family mediation there is every likelihood that they will be just as unreasonable and difficult during court proceedings. We recommend looking at out of court methods of coming to an agreement to help reduce stress, save time and costs associated with formal court proceedings.
At Fullers Family Law, our family solicitors are experts at advising you on the best way to resolve family law problems and offer support and guidance throughout the separation and divorce process. We can offer pre-mediation meetings and full mediation services with our qualified mediator, or if you are using another mediator, we can provide support and legal advice during the process so that you get the right outcome for you.
How Can Fullers Help?
We understand that finding a solicitor or mediator that you feel understands your own specific situation can be a daunting task. So you can book a free callback with us here
We are a part of the Government's free mediation voucher scheme which contributes £500 towards the cost of mediation. To find out more about the scheme and how to apply, please visit - https://fullersfamilylaw.com/blog/2022/11/free-mediation-vouchers-worth-500-help-reduce-cost-legal-fees
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee promise. These include strategy planning and negotiation skills sessions which can be an excellent preparation for mediation.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
