Can I skip Family Mediation and go straight to Court?

Family mediation is often the first step in resolving disputes amicably outside of court. It is a process where an impartial third-party, a mediator, assists those involved in family breakdowns to communicate more effectively and to reach their own agreed and informed decisions regarding children, property, and finance. Just Divorce Mediation shares advice for families wondering if mediation is the right choice for them.

If you have wondered “Can I skip family mediation and go straight to court?” It is critical to understand that while court proceedings might sometimes seem like the direct route to resolving family disputes, it is a step that should not be taken lightly. Before considering court intervention, it is essential to understand the implications and requirements involved, as well as the benefits that family mediation can offer.

Understanding the Mediation Requirement

In the UK, there is a requirement known as the Mediation Information and Assessment Meeting (MIAM) before you can take a family dispute to court. During this meeting, your trained Just Divorce Mediation mediator will explain what mediation is, how it works, and the benefits it brings compared to litigation. It provides an opportunity to assess whether mediation could be an effective method to resolve your issues, rather than going through the lengthy and often stressful court process.

Exploring the Benefits of Mediation

Mediation with Just Divorce Mediation has many benefits that are worth considering. It’s usually faster, less confrontational and costly than going to court. It can also provide more flexible solutions tailored to your family’s needs and improve communication in a way that can create a more positive post-separation relationship, which is particularly beneficial when children are involved.

Circumstances Justifying a Move to Court

While mediation is recommended, there are circumstances under which you might bypass this step and go straight to court. These exceptions typically include cases involving domestic abuse, child protection concerns, or where there is an urgency that necessitates quick legal intervention.

The Role of ‘Just Divorce Mediation’

With experienced mediators, Just Divorce Mediation aims to facilitate constructive discussions, enabling you to find common ground and mutually agreeable solutions. We provide a supportive environment that prioritises the well-being of all family members, especially the children.

Weighing Your Options

Before deciding whether to attend family mediation or go straight to court, consider the implications, and the impact such a decision can have on all parties involved. Mediation, in many instances, can serve as a less adversarial and more amicable path towards resolution. But, should your situation fall into exceptions, or if mediation proves unsuccessful, the court remains an option for resolving family disputes.

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