What Happens If My Ex Does Not Want To Mediate?
Mediation is voluntary
Although no one really likes nor anticipates separation, most modern marriages have ended up in heated conflicts and splits. Some divorce and separation cases are so futile that consensual agreement is no longer available.
While court proceedings are considered the final resort, partners are often advised to opt for mediation. Mediation services can help settle conflicts and establish just agreements on how the divorce terms will be handles.
The cost of scheduling proceedings and hiring representation lawyers can be very high and sometimes even prohibitive. The partner may already have a specialized lawyer to reap the most out of your split which can be unfair especially if you do not have sufficient aid. Fortunately, you do not have to worry anymore about an ex-spouse who has no will for mediation.
Compulsory mediation miam
Since April 2014, the government of UK requires all divorce cases taken to court to have first considered mediation as an alternative solution to settling splits. The jury will need proof of mediation before allocating court proceeding time for divorce cases.
It is no longer possible to rush to court before considering mediation services. Your partner may make it so difficult to settle separation calling for court proceedings as the only available option.
However, both parties are now required to attend MIAM (Mediation Information Assessment Meeting ) before going to court. MIAM meetings are held between you and the mediator although they can also include your partner.
The meetings take about 45 minutes and you may require a couple of sessions before final agreements and arrangements are made. See our fees
- The mediation, what it is and its purpose
- What options you have
- Mediation benefits
- Suitability and type of mediation that’s appropriate
MIAM meetings are basically aimed at identifying whether your case can be settled through mediation without court proceedings.
If mediation is not a possible plausible option after the meetings, the mediator will offer a form to certify that you both attended a MIAM. Judges use this form to take up cases that can only be settled in court proceeding.
However, if mediation can be used to solve the separation, which is a lot of the times, there will be no need for court proceedings apart from bargain agreement and appearance for legalization of the divorce.
The courts must be aware that you considered mediation before issuing proceeding and your partner will be required to consent with these new regulations even if they do not want to.
Benefits of mediation
It is not uncommon for splits to depict violence and ultimate despise for one another. Some cases can be quite violent involving abuse, threats and intimidation as well as unnecessary aggression. When this is the case, most people think of court a proceeding which is often expensive and time-consuming besides publicizing of the split. Mediations are privately handled and only involve divorcing partners and the mediator sometimes including representatives of both parties.
They are low cost and lead to just consensual agreements as opposed to court rulings which may be inconsiderate and woeful. Over the course of the marriage, partners gain various rights and attachments which cannot be freely aired in public court proceedings. Mediation offers a plain level for both partners to air their bargains and settlement requirements with equal opportunities to justify rationally and considerately.
Most couples who have used mediation successfully settle their disputes and everyone leaves the relationship with fair share. Explaining the benefits of mediation is one of the purposes of mediators and MIAM sessions. What’s more, you can qualify for Legal Aid which covers all the cost of mediation and separation without paying attorneys or the mediators.
If your partner does not want to mediate, they will be required to present their proof of considering mediation before their proceedings are accepted. This means they will be forced to come back to mediation first after which court proceedings can be considered if it is deemed impossible to settle the divorce without it. Nonetheless, the likelihood of resorting to court ruling is quite slim after considering the low cost and many benefits of meditation. The requirement to attend MIAM sessions has been in effect since April 12th 2014.