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Is Mediation Compulsory? Find Out Here – Family Mediation Choice Ross-On-Wye

When you’re going through a divorce or separation, it’s normal to feel overwhelmed and unsure of what steps to take. One common question that arises during this time is whether mediation is compulsory. In this article, we’ll take an in-depth look at the nature of mediation and what happens if you refuse.

What is Mediation?

Mediation is a voluntary process that involves a neutral third-party mediator helping two parties in a dispute come to an agreement. Mediation is often used as an alternative to court proceedings, as it is less expensive, less formal, and less time-consuming. During mediation, both parties have the opportunity to voice their concerns and work towards a mutually acceptable solution.

Is Mediation Compulsory?

Mediation is not compulsory in the UK. However, before going to court, you must first attend a Mediation Information and Assessment Meeting (MIAM). The purpose of the MIAM is to assess whether mediation is suitable for your situation. During the meeting, a mediator will explain the mediation process and discuss whether it could be an effective way to resolve your dispute.

If the mediator determines that mediation is not suitable, you will be given a form to show the court that you have attended the MIAM. If you decide not to attend the MIAM, you will need to provide a valid reason for doing so.

What Happens If You Refuse Mediation?

If you refuse to attend mediation, you will need to provide a valid reason to the court. Some common reasons for refusing mediation include:

• There is a history of domestic violence or abuse
• One party is unwilling to compromise or negotiate
• One party has made threats or is acting in a threatening manner
• The dispute is urgent and cannot wait for mediation
• Mediation has already been attempted and has failed

If the court determines that mediation could be an effective way to resolve your dispute, they may make an order requiring you to attend mediation before going to court. If you still refuse to attend, the court may take this into account when making their decision and could order you to pay the other party’s costs.

Advantages of Mediation

While mediation is not compulsory, it is often recommended as a way to resolve disputes. Here are some of the advantages of mediation:

• Less expensive than going to court
• Less formal and less stressful than court proceedings
• More control over the outcome, as both parties have a say in the decision-making process
• Often faster than going to court
• Can help to preserve relationships, particularly important in cases involving children
• Confidential, as the details of the mediation are not made public

While mediation is not compulsory, it is often recommended as a way to resolve disputes in a less stressful, less formal, and less expensive manner. If you refuse to attend mediation, you will need to provide a valid reason to the court.

If the court determines that mediation could be an effective way to resolve your dispute, they may make an order requiring you to attend before going to court. At Family Mediation Choice Ross-On-Wye, we offer mediation services that can help you reach a mutually acceptable solution. Contact us today to learn more.