Do I Need To Attend Mediation?

Non-Court Dispute Resolution

Before making an application to the Court in relation to for example children matters or matrimonial finances parties are required to consider alternative ways of resolving the dispute. Non-Court Dispute Resolution means methods of resolving a dispute other than through the Court process, including but not limited to Mediation, Arbitration, Evaluation by a neutral third party (such as a private Financial Dispute Resolution process) and Collaborative Law.  Early resolution outside of Court proceedings is promoted. We focus on Mediation in this Legal Update.

Mediation process

There is a pre-application requirement for attendance at a Mediation Information and Assessment Meeting (MIAM) which the party wanting to issue Court proceedings would need to attend before issuing Court proceedings. The purpose of this is to see if Mediation is appropriate. This would initially be a sole appointment for you with the Mediator.

If the Mediator considers Mediation is not appropriate then they would sign a MIAM Form to that effect – you can then issue Court proceedings.

If the Mediator considers Mediation is appropriate then they would invite the other party to attend an appointment. The other party would initially have a sole appointment with the Mediator. If the Mediator still deems Mediation to be appropriate, they will arrange a joint appointment which you would both attend. The Mediator would make a charge for the Mediation and they will advise you of those charges. The charges are usually borne equally but a different arrangement can be agreed.

Role of the Mediator

The role of the Mediator is to help the parties reach a mutually acceptable solution. The Mediator will not ‘decide’ the issue – they will remain impartial. You can seek advice from your solicitor during the process.

Agreement not reached

If you do not reach an agreement during Mediation then the Mediator will sign a MIAM Form to confirm you attended Mediation and did not reach an agreement – you can then issue Court proceedings.

Agreement reached

If you do reach an agreement during Mediation then your solicitor can prepare the Order (if necessary) to send to the Court.

Failure to attend Mediation

If you have not attended Mediation there is a risk the Judge could say Mediation is appropriate and the Judge can put the Court proceedings on hold (i.e. adjourn the Court proceedings) and order that you both attend Mediation. The Court can consider, when determining whether to make an Order for Costs, any failure by a party, without good reason, to attend a MIAM or Non-Court Dispute Resolution.

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Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.