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When Mediation Might Not Be Suitable

Family mediation works for many people, but it isn’t right for everyone.

It may not work if:

  • Someone’s safety is at risk, for example where there has been domestic abuse or child abuse. If you have evidence of violence or abuse, you can take your case straight to court without having to consider mediation and may qualify for legal aid to be legally represented.
  • Your dispute is about financial issues and you or your partner is bankrupt.
  • You don’t know where your ex is and cannot contact them.
  • Your mediator thinks mediation will not be suitable for you.

If your case is not suitable for mediation, you will need to show the judge why – by filling in the appropriate court form.

An FMC Registered Mediator can help you decide whether mediation is suitable for you, at a Mediation Information and Assessment Meeting (MIAM). To find an FMC Registered Mediator who can conduct a MIAM and sign an appropriate court form if necessary, see here.

This video, Mediating Safely, produced by the University of Exeter, may help you understand the process of deciding whether mediation is suitable for you: