What Happens if Mediation Fails?
Many people start family mediation hoping to reach an agreement. But sometimes, despite best efforts, discussions don’t resolve everything. So what happens if mediation fails? Knowing your next steps after mediation will help you stay calm and make informed decisions during your mediation sessions. Here are some practical failed mediation options to consider:
1. Ask a solicitor to write a single letter
You don’t always need full legal representation. You can instruct a solicitor to write just one letter for you. This often costs between £200–£300 and may include basic written advice. A single letter with a child care or financial plan can sometimes shift matters forward without needing lengthy correspondence.
2. Seek anonymous advice from social services
In some cases, you may want to check your concerns with social services. They are very busy and they may be unwilling to give advice without knowing your family details. However, if the other parent is refusing contact due to parenting concerns or you have concerns about the children then anonymous advice can sometimes guide your next step. In appropriate circumstance, an actual referral to social services can help.
3. Suggest a parenting plan or parenting app
If your mediation case closes without an agreement you could send the other parent a draft parenting plan and you can download a template from the CAFCASS website. Digital tools can also help. OurFamilyWizard is one of the most popular (though expensive) parenting apps, while Close offers a cheaper or free alternative. These tools can reduce conflict and keep communication structured.
4. Try another type of non-court dispute resolution
Not every route has to lead straight to court. Options like arbitration or conciliation can provide another way to reach an agreement. They are less formal than court and can be quicker.
5. Go to court
If all else fails, court may be the next step. There are several ways to do this:
- Instruct a solicitor
- Use a direct access barrister
- Visit a free advice clinic
- Walk into your local family court where staff may signpost you to a free local charity that offers limited legal support.
Why Family Mediation is still the best step
Although these are valid failed mediation options, court is usually the most stressful and costly path. That’s why working with an accredited mediator remains one of the best ways forward. At Family Mediation Services we help you reduce conflict, keep children’s needs central and avoid the financial and emotional burden of court. With the government voucher scheme that is still available and will likely continue to be available through 2026-2027, you will qualify for free sessions or you can apply for legal aid.
So, if you find yourself asking what happens if mediation fails, remember that mediation itself is often the key to avoiding the very difficulties that come after. When you work with an accredited mediator at Family Mediation Services, you give your family the best chance of settling matters fairly and calmly. Start family mediation today, call us on 0300 365 2700 or email at admin@familymediationservices.co.uk