What Happens If I Refuse To Attend Mediation

What is Mediation?

Mediation can be used in all scenarios with regards to a relationship breakdown, for example children disputes, financial issues or a mixture of both.

The process behind mediation is that both parties attend mediation to see if matters can be resolved before further action has to be taken. The ethos of mediation is that it is more amicable for the parties to reach an agreement between themselves, without the court or solicitors having to become involved further and, quite often, it is significantly cheaper.

Some mediators offer legal aid mediation whereby, generally legal aid is not available for family cases that progress through the court (unless the case involves an element of domestic abuse).

Family Law mediators often have different approaches to how they mediate between parties, although there will tend to be a common theme. All mediators will speak to both parties individually to ascertain whether mediation is suitable for their case. Furthermore, the majority of mediators can offer shuttle mediation and/or remote mediation. Shuttle mediation means that the parties do not have to sit in the same room with each other and the mediator can go backwards and forwards. Alternatively, mediation can be carried out remotely, where the parties do not need to physically attend at all.

My personal advice to all of my clients, whether the case be a financial and/or a children case is to attempt mediation. At the very least the other party will be invited to attend. Therefore they cannot say that no attempt was made to resolve the issue.

The parties do not need to worry about being left alone in the mediation process. Solicitors can still be involved with mediation, especially in relation to financial issues whereby they can still be utilised to offer their clients individual advice alongside the mediation process.

Do I have to attend Mediation?

There is no legal obligation for a party to attend mediation. There is an obligation on any party who wishes to make an application to the court to show the court that mediation has been attempted. In order to then proceed with making the application, they then have to show confirmation from a mediator that mediation is not appropriate in the circumstances of the case or not suitable as both parties do not wish to mediate.

It is of course important to remember that should a party just “refuse” to attend mediation this could, ultimately, lead to matters progressing via a court application being made or, at the very least, solicitors correspondence ensuing.  This does therefore result in increased legal fees.

If you need advice on any aspects of Mediation or Family Law, contact our Family Law Solicitors in Manchester and Wilmslow.