A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

Consequences of refusing mediation?

  • yellowhead
  • yellowhead's Avatar Topic Author
  • Fresh Boarder
  • Fresh Boarder
More
10 years 10 months ago #150153 by yellowhead
Consequences of refusing mediation? was created by yellowhead
Hi,

I'm a newbie, posting on behalf of my husband (he's a bit of a technophobe!) and would really appreciate some advice.

My husband split from his previous partner 5 years ago and things have always been messy with regards to contact with his son. He suggested mediation in the past, which she would not consider and after several years of court proceedings an out of court settlement on contact was reached.

Recently we discovered that my step son is known to social services due to violence and excessive alcohol consumption by his mother and her new partner so we are in the process of applying for full custody . The first hearing is next month but social services and CAFCASS are already investigating and CAFCASS have been very supportive of our position.

My husband's ex is very reluctant to go to court and suggested mediation . My husband discussed this with her and she made it clear that she was not prepared to compromise on the existing arrangements and wanted to use mediation purely to avoid going to court.

We received a letter today from the local mediation services asking my husband to respond within 7 days saying whether or not he would consider mediation.

Frankly, this case has gone way past mediation and we are seriously concerned as to the safety of my step son. Will the refusal to mediate go against us in any way, or does the severity of the situation and the fact that court proceedings are already well under way support us?

Any thoughts and advice much appreciated.

Please Log in or Create an account to join the conversation.

  • NellNoRegrets
  • NellNoRegrets's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
10 years 10 months ago #150242 by NellNoRegrets
Replied by NellNoRegrets on topic Re:Consequences of refusing mediation?
I can't give you any definitive advice, but it would be worth doing just to show your husband is willing to be cooperative. And you don't know, his ex might find she changes her mind when she actually goes through the process.

Please Log in or Create an account to join the conversation.

  • yellowhead
  • yellowhead's Avatar Topic Author
  • Fresh Boarder
  • Fresh Boarder
More
10 years 10 months ago #150255 by yellowhead
Replied by yellowhead on topic Re:Consequences of refusing mediation?
Thanks for your reply Nell.

Do you know if attending mediation would delay the court proceedings, or whether they would continue regardless?

Our main concern (obviously) is my step son's safety and whilst we're willing to try anything, including mediation , to ensure he is safe we don't want the court proceedings to be delayed by what his Ex views as a stalling tactic.

Please Log in or Create an account to join the conversation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11