What to Do If Mediation Fails
Family mediation is often the first recommended step when parents disagree about child arrangements. It provides a calm environment to resolve differences without involving the courts. However, mediation doesn’t always lead to a resolution. If you’re wondering what to do if mediation fails, this guide explains your next steps and how to move forward if family mediation isn’t successful.
Why Mediation Might Fail
Family mediation works well for many, but sometimes disputes run too deep. Understanding what happens next if mediation fails in family law disputes is essential. If mediation doesn’t resolve a family dispute, you still have clear and structured options to pursue a fair arrangement through the courts.
Steps to Take After Failed Family Mediation
Knowing what to do if mediation fails will give you confidence as you proceed. The immediate next step is attending a Mediation Information and Assessment Meeting (MIAM), which is a legal requirement before going to court. The MIAM ensures you’ve explored mediation fully before entering the court process after mediation in family law. You’ll receive a MIAM certificate after attending, which you’ll need when submitting your application to court.
How to Apply for Court Orders After Mediation Failure
When family mediation doesn’t work, you must fill in and submit the C100 court form. In most cases, you’ll simply tick the Child Arrangements Order box, which deals specifically with where your child will live and how they spend time with each parent. The C100 form is available directly from gov.uk here.
Understanding the Different Court Orders
There are three main court orders relating to child arrangements, and understanding these is crucial for deciding which is right for your situation:
- Child Arrangements Order (CAO): Outlines where your child will live, and the time spent with each parent.
- Prohibited Steps Order: Stops a parent from taking specific actions (e.g., relocating abroad without consent).
- Specific Issue Order: Resolves particular disputes, like schooling choices, medical treatment, or religious upbringing.
A lawyer can advise you clearly about which order best matches your circumstances.
Costs and Financial Help
Taking legal action after family mediation fails can feel daunting financially. However, if you’re on a low income or receiving certain benefits, you may qualify for fee exemptions or legal aid. Always check your eligibility for support before making your application to avoid unnecessary costs.
Waiting Times for Court Dates
Once you’ve submitted your C100 form, the court usually schedules the first hearing within approximately 8 to 12 weeks. This timeline may vary depending on your local court’s availability. Knowing what happens next if mediation fails in family law disputes includes understanding that it can take time to reach a final outcome, but the court will prioritise decisions based on your child’s welfare.
Moving Forward with Confidence
Knowing what to do if mediation fails gives you clarity and confidence to move forward. While it’s ideal for mediation to resolve your family dispute, this isn’t always possible. Understanding how to move forward if family mediation isn’t successful ensures you’re prepared for the next phase. The court process after mediation in family law is there to support you, providing structured decisions designed to protect your child’s best interests.
Conclusion
Family mediation doesn’t always resolve every dispute but it is only the first step. Taking legal action after family mediation fails by applying for a Child Arrangements Order (usually via the C100 form) is straightforward once you understand your options. Remember, support is available, costs may be covered for low-income families and the court system is designed to provide clarity and fairness in child arrangements when mediation doesn’t succeed. If you want to try mediation, get in touch with us today. Our accredited family mediators are here to guide you through the process and ensure the best outcome for your child in mediation. Contact us admin@familymediationservices.co.uk or 0300 365 2700 to start the process with an accredited mediator.