Ex Refuses to Mediate - C100 and Application

My ex wife has yet again reduced contact with our daughter to a level which I am unable to accept.

I have attempted to initiate mediation sessions but after various delays and changes of mind my ex has now refused point blank to attend mediation.

After having spoken to my local mediation service I have paid for C100 forms to be sent. However on section 14 of the form, the mediator has ticked:-

14a)mediation is not suitable as a means of resolving the dispute because none of the respondents is willing to attend a MIAM

I don''t see anywhere on the form where the mediator can tick that the respondent refuses mediation and I cannot see any value whatsoever in attending a MIAM session on my own if she refuses herself.

However all information online appears to indicate that I have to attend MIAM regardless or an FM1 form needs to be attached also. Can someone please provide a definitive answer to this? The mediation service said that there was the slight possibility that I may be forced to attend MIAM by the court - clearly I don''t want to appear uncooperative from the outset.

I also notice that the C100 form is dated from April 2014 yet the latest template version online is dated November 2014. Do I need to request an updated form anyway?

You need to attend the MIAM regardless. You should use the updated C100 as it starts with a statement regarding MIAMs which MUST be signed by the applicant:

1. I understand that if I have not attended a Mediation Information and Assessment
Meeting (MIAM), the court CANNOT process my court application unless there are special
circumstances.
2. I understand that if I cannot show evidence that I do not need to attend a MIAM, the judge
may stop proceedings until I have considered mediation.

We want to make sure that all applicants are aware of this new process and ask that you
PLEASE RETURN THIS FORM WITH YOUR APPLICATION. Your application can be submitted without
this form and will not be affected if you do not sign or return it.

Although your ex is refusing to attend mediation, there is still a requirement for you to attend one. I know it seems pointless, but that''s the way it is, as applicants are now legally required to "consider mediation before applying to the family court to resolve a dispute about your children or finances."

You can find the November 2014 C100 in our library- updated C100

what if there has already been several applications to court, and court hearings in the past? If a new issue arrises would mediation be expected?

My understanding is yes, each fresh application requires the applicant to attend a MIAM. The only exception is a C79 application.

Thank you for the response RubyTuesday.

It''s very frustrating to find this out as I have already been through mediation before (in regards to the financial settlement) so I know what it''s about and know that there is no way it could ever work when one person won''t even attend! I believe that the MIAM is around £100 as well - what a waste.

After trawling the Government website for information - which seemed to be deliberately geared against helping in any way shape or form - I couldn''t see any information in regards to how many copies of the form I need to send in. I believe that I need to send three copies into court - are you able to confirm whether I need to do this please?

Thanks again.

Yes, three copies are required

You must attend a MIAM before you can apply to courts for a financial order. Charges for this vary. I had a free MIAM but had to pay £35 for the forms to be signed by the mediator.

If your partner won''t attend mediation, he won''t attend a MIAM as this is part of the mediation process.