While attending joint family mediation sessions isn’t mandatory, it remains a strongly recommended and often necessary step in resolving family disputes. Mediation tends to be quicker, less confrontational, and more cost-effective than going to court.
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What’s the point of attending mediation?

Mediation offers a structured environment where you can discuss issues with the support and guidance of an impartial mediator. This can help alleviate any anxiety and provide reassurance during the process.

The mediation process empowers you and your ex-partner to maintain control over the outcomes and solutions that directly impact your lives. This is in stark contrast to the traditional court process, where decisions are imposed by a judge.

Court procedure rules

 Before applying to the court for a child arrangement or financial order, you must attend a mediation information and assessment meeting (MIAM). This meeting, which involves you and a mediator, is not just a formality, but a powerful tool designed to provide you with the necessary information and assess whether mediation is a suitable option for your situation. It’s an opportunity for you to understand your options and make informed decisions.

There are exemptions to attending a MIAM, and you can contact the courts to discuss these. Failure to attend a MIAM without a valid exemption may affect how the court views the case and could lead to delays or additional costs.

Attending joint sessions of family mediation is highly encouraged by the family courts, and recent changes have seen the following:

• Any individual attending court proceedings will be sent an FM5 form to complete, which must be filed at court and sent to the other party. You can find out more about the FM5 form here.
• At court, you could be ordered to pay the other person’s costs if the judge feels you have unreasonably refused a way of resolving the dispute outside of court.
• Judges can now promote attendance of non-court dispute resolution, such as family mediation. Although they can’t force engagement, they can adjourn hearings to a later date, resulting in additional legal costs and time delays.