What Happens If My Ex Won’t Go To Mediation?
The Mediation process is voluntary. Nobody can be required to participate within the Mediation process, if they do not wish to do so.
Following a separation, there is understandably a significant number of emotions which were experienced by parents and their children. These can often be expressed as frustration, hurt or anger. This can often result in conflict.
What are the benefits of Family Mediation?
Mediation provides an opportunity, within a safe and confidential environment, for separated, families to develop arrangements and a parental relationship which could benefit their family as a whole.
The Mediation Process provides an opportunity to discuss the reality of a number of options. It is intended to provide the participants with an opportunity to make informed decisions which are right for their family as a whole rather than them as individuals.
Is Mediation compulsory?
In 2014 the Ministry of Justice made it compulsory for individuals who had separated to attend a Mediation Information Assessment Meeting (MIAM), prior to them being able to make an Application to the Court in relation to disputes relating to child arrangements and property and finance (unless a specific exemption applies).
What is a MIAM?
A MIAM is an individual and confidential meeting with a Mediator. It enables you and the Mediator to share information about your current difficulties and the possible processes which could be available in your circumstances.
A MIAM provides an opportunity for people to make an informed decision, as to the most appropriate process, for them, to resolve their family dispute.
When we receive a referral for Family Mediation, we are required to contact both parties. We provide the each with information about our services, the Mediation process and ask them to contact us in relation to their willingness to attend an individual MIAM.
Whilst attendance at a MIAM is compulsory for those who wish to make an application to the Court, there is no requirement for the other person to attend one.
In addition as the Mediation Process is voluntary, there is no requirement for you to attend any other Mediation appointments, after the MIAM, unless you wish to do so.
For Mediation to take place both parents must be willing to engage within the Mediation Process. Should one parent not be willing to do so, the Mediation Process cannot progress.
What happens during a MIAM?
You should also be aware that attendance at a MIAM by all participants does not guarantee that the Mediation process will take place. Not only are all participants required to be willing to Mediate, the Mediator must also determine that the process is suitable to take place. Suitability for Mediation, cannot be determined until all parties have attended a MIAM.
Attending a MIAM, is therefore the first step required to take before an Application is made to the Court, for the Court to determine arrangements in relation to a child or the ownership of property and finance, unless very specific circumstances apply. This is regardless of whether or not your ex is willing to Mediate or not.
How we can help
If you wish to discuss the Mediation Process with us further please do not hesitate to contact one of our experienced coordinators who are happy to provide additional information. You can contact us by emailing enquiries@midlandsdove.co.uk or calling 01623 706020.
