Mediation is a voluntary form of dispute resolution. You are therefore not required to attend mediation itself, as it is a voluntary process.

However, if you plan to make a court application regarding family law issues, such as finances or children, you must attend a Mediation Information and Assessment Meeting (MIAM) first, unless an exemption applies (e.g., domestic abuse or emergency situations).

During a MIAM the mediator will explain the mediation process and other forms of dispute resolution, such as Early Neutral Evaluation, Private FDRs and Arbitration, so that you can review these options and the option of court.  You may decide none of these would be useful or appropriate in your circumstances and you still wish to go to court.

If you decide you do not wish to mediate or try another form of Alternative Dispute Resolution (ADR), although these are not mandatory, the court can ask you to explain why you chose not to participate if your case proceeds to court.  A judge can order that the court process is halted whilst ADR is attempted, or can order cost consequences if a Judge believes you should have attempted ADR.

If you would like to know more about mediation or the MIAM process, send us an email hello@familymandm.co.uk or give us a call on 0800 to find out more.

‍