Do I Have to Go to Mediation for Family Court?
If you’re considering family court, you might ask: “Do I have to go to mediation for family court?” The short answer is no, but there are important factors you need to consider before skipping mediation.
Many people also wonder: Is mediation required for family court? The reality is that while mediation isn’t always compulsory, there is a legal requirement for mediation before court in most cases. This means that before applying to court, you will usually need to attend a Mediation Information and Assessment Meeting (MIAM) unless you qualify for a rare exemption.
Working with an accredited family mediator and accessing professional family mediation services offers many benefits. Here are five key reasons to think twice before going straight to court.
1. Faster Resolution Compared to Court
Court proceedings can take 10–24 months, whereas mediation often resolves disputes in 1–2 months. If you want a quick solution, an accredited family mediator can help you reach agreements much faster. So, while you might be asking “Is mediation required for family court?”, the real question should be: can you afford to wait two years for a decision?
2. Lower Conflict and Less Stress
Court is adversarial by nature and often damages relationships beyond repair. By using family mediation services, you keep discussions constructive and cooperative. The mediation obligation before family court exists because it helps prevent unnecessary hostility—benefitting parents and children alike.
3. Protect Your Children from Emotional Harm
Long legal battles can make children feel guilty and caught in the middle. Mediation with a qualified family mediator focuses on reducing conflict and putting children first. This is another reason why there’s a legal requirement for mediation before court: it minimises emotional harm to children by promoting solutions in a calmer setting.
4. Save Money and Avoid Litigation Traps
Court is expensive. Once litigation starts, costs escalate quickly and it’s hard to back out. Family mediation services are much more affordable, helping you save thousands of pounds. The mediation obligation aims to protect families from unnecessary legal expenses and stress.
5. Maintain Control Over Decisions
In court, a judge decides the outcome. In mediation, you and your ex-partner set the agenda and control the discussion points. Working with an accredited family mediator ensures the process is fair and focused on your priorities, not imposed by a stranger in a courtroom.
So, Is Mediation Required for Family Court?
In most cases, yes—you must attend a MIAM before applying to court unless you qualify for an exemption. This reflects the legal requirement for mediation before court, which is designed to encourage resolution without litigation. If you ignore this step, your application could be rejected or delayed.
Final Thoughts
You don’t have to settle your case through mediation but choosing to do so can save time, money and stress while protecting your children. If you’re looking for experienced, professional family mediation services then contact us today on 0300 365 2700 or email at admin@familymediationservices.co.uk. Our accredited family mediators can guide you through the process and help you find practical solutions.