Why is mediation necessary and do I need to attend?

Unfortunately, mediation has to be attempted, in most cases, before an application can be made to court for an order concerning children. In many cases, this will be frustrating for you given the difficult relationship that you have with the other party but unless you fall into any of the exemptions then mediation is a requirement. 

What will mediation involve? 

Mediation is a confidential process where parents involved in a dispute can meet with a mediator who is an independent and impartial third party who will help them to talk through your issues with a view to reaching an agreement as to the way forward. One of the benefits of mediation is that you can reach an agreement between you rather than the court imposing an order telling you what will happen. It is often a less stressful process. 

Mediation is voluntary and you cannot be forced to engage in the process but in our experience the courts expect the parties to have attempted mediation before making an application to court and if they feel this step has been bypassed without good reason they can refer the parties to attend an assessment meeting. Inevitably, you are going to be expected to attempt mediation so you will need to arrange an assessment meeting with a local mediator in the first instance.

You do not have to sit in the same room as the other party and you do not have to come face to face with them if you do not wish to. This is known as shuttle mediation. 

Each party will have an initial meeting with the mediator, known as an assessment meeting, separate from the other party to discuss whether mediation is suitable. This decision will be made by the mediator. If the mediator feels mediation is suitable then joint sessions will be arranged. The mediator will not give legal advice to either party but may suggest independent legal advice is sought throughout the process. 

If mediation is unsuccessful or the mediator feels it is not suitable, then they will give you a form that you need to commence court proceedings. 

Legal funding is available for mediation subject to strict criteria. You can check your eligibility by using the following link – https://www.gov.uk/check-legal-aid . If you are not eligible then private fees will apply. These fees vary between mediators and they will discuss this with you. 

Exemptions

There are certain cases when mediation does not need to be attempted, for example: 

• You have suffered domestic abuse and can adduce specific evidence of this; 
• There are child protection concerns;
• The case is urgent e.g. risk of harm to the child; 
• Mediation has been attempted within the last 4 months; 
• You cannot find a mediator within 15 miles of your home address; 
• You do not know where the other party lives or have any contact details for them;

If you are unsure whether you need to attend mediation then please contact one of our experienced team who will be happy to assist you.