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if mediation does not work / breaks down

  • twilight1
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15 Sep 13 #407306 by twilight1
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Hi,

Wanted to ask if anyone has better knowledge and experience as parents in a situation where mediation has been tried and one party has decided and advised the mediators that it is no longer appropriate. Is there any other ways of trying to get the communication to work or is court the only way after mediation breaks down?

  • jslgb
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15 Sep 13 #407307 by jslgb
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When mediation breaks down the next logical step would be an application to court. The mediator will prepare a report that outlines what has happened and advises that mediation has broken down and will not work for the couple involved. The only way to avoid court would be to come to an agreement between you that you are both happy with and so the option of court is not really a concern anymore.
Mediation is not a requirement, and either party can ''opt out''. However, to apply to court you have to provide evidence that mediation has been attempted. If the person initiating court proceedings is the person who has opted out of mediation for whatever reason then i assume they will be asked why. It would seem pointless to turn up at court and find both parties are in agreement and it could have been ironed out at mediation!!

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16 Sep 13 #407416 by Fiona
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Alternatives to mediation are negotiating through solicitors or applying to court for a decision.

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04 Oct 13 #409363 by twilight1
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Thank you, it does look like court may be the way ahead now if mediation is not taken up and there is not enough communication between both parties to resolve any of the outstanding issues.

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05 May 15 #460877 by treaclepie
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Hi I was reading this post and I am in the same position so was wandering if this went ahead?

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