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if mediation does not work / breaks down

  • twilight1
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6 years 9 months ago #407306 by twilight1
if mediation does not work / breaks down was created by twilight1
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?

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  • jslgb
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6 years 9 months ago #407307 by jslgb
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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  • Fiona
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6 years 9 months ago #407416 by Fiona
Alternatives to mediation are negotiating through solicitors or applying to court for a decision.

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6 years 9 months ago #409363 by twilight1
Replied by twilight1 on topic Re:if mediation does not work / breaks down
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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  • treaclepie
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5 years 2 months ago #460877 by treaclepie
Replied by treaclepie on topic Re:if mediation does not work / breaks down
Hi I was reading this post and I am in the same position so was wandering if this went ahead?

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