What happens if my ex refuses mediation?
The courts view mediation as primarily useful and helpful to families in establishing workable and equitable future arrangements and it is advisable that no one refuses to attend mediation. The government and studies agree that this is the superior option, thus the Ministry of Justice has implemented the Family Mediation Scheme, whereby it will contribute up to £500 towards mediation costs. In many cases, if one party is eligible for legal aid, the entire cost of the mediation procedure will be covered. This helps to eliminate affordability as a barrier to the process.
If your husband or partner refuses to attend, the judge may determine that this is not helpful to the process and is not a reasonable effort to put the best interests of the children first. They can also order mediation if it is judged appropriate at that point even if you ex partner refuses.
In determining who will pay legal fees, the court may consider the actions of the parties before to, during, and after the proceedings. A failure to participate by attending mediation could be interpreted as unfavourable conduct.
In any event, if financial and child-related disputes are not settled through mediation, it may take longer. Generally, the court would need to evaluate the family circumstances before making a decision regarding child custody, and litigating financial matters is also likely to take a considerable amount of time. The court would want a good reason as to why your ex partner refuses mediation
If you are able to meet with a mediator at an MIAMs conference to learn more about the process, it is typically easier to “sell” the advantages of the process to your ex once the mediator offers them a formal invitation.
What is mediation?
Mediation is a method for settling divorce conflicts with the assistance of a neutral third party — a mediator. Family mediators are educated to assist divorcing couples in reaching an agreement by giving impartial guidance. They can assist you in deciding:
- Child support obligations
- The partition of marital property, including real estate, savings, and pensions.
- Contact and living arrangements for children
- How debts must be divided
Achieving an agreement with a mediator on these issues helps you avoid protracted court fights and costly legal bills.
Even if you ex partner refuses mediation to begin with, they may eventually see the benefits.
The advantages of mediation
Family mediation is less expensive, less time-consuming, and less disruptive than hiring a lawyer or going to court to resolve a divorce dispute. Both legal alternatives are costly and may take months or even years to resolve. And your desired outcome is in no way guaranteed. Other advantages of mediation include:
- You have greater control over the technique; you have the ultimate say
- Enhanced communication with your ex-spouse
- fewer disputes with your ex-spouse and less anxiety
- How to decrease mediation expenses
The bigger the number of disagreements between you and your ex-spouse, the more mediation sessions will be required to resolve them. Therefore, the most effective way to keep family mediation costs low is to get as many agreements as possible prior to the first session. Reducing your dispute to a single issue, such as property division, can reduce the time and money you spend in mediation.
Disputes that can be resolved through mediation
During a mediation session, you and your ex are free to discuss any issues connected to finances or children. Common topics of conversation include:
- Who children will reside with.
- How often will they spend time with the other parent?
- How they will remain in contact with their parents while they are apart.
- Who else they may or may not see.
- The manner in which other assets will be distributed.
- What amount will be paid for child support?
- Who will pay for the children’s uniforms, extracurricular activities, and field trips?
- What will become of the family residence?
To find out more about how mediation can help with you situation even if your ex partner refuses – Call Family Mediation Service today for more information