COVID-19 Update: Tozers is providing our usual client services while maintaining the safety of our clients and colleagues. Full update here

Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.


What to do if family mediation is unsuccessful

Posted on 22nd January 2021 in Family Law

Posted by

Aimee Aspinall

Chartered Legal Executive
What to do if family mediation is unsuccessful

In a previous insight we looked at how family mediation can help couples seperate. However it is also good to take into concoderation the outcomes of unsucessful mediation.

If progress is not being made, or if mediation breaks down or perhaps mediation was not deemed suitable for the parties at the initial intake session, then the parties should speak to their solicitors about the other options available to them.

Mediation breaking down will not always mean that court proceedings are inevitable, and the parties can continue their negotiations through solicitors if this is suitable. Proposals are exchanged in writing rather than in joint mediation sessions, and if agreement can be reached as a result then a formal written agreement can be drafted for both parties and their lawyers to sign.

In some cases, however, it is necessary for the parties to consider an application to court to resolve their dispute, whether this relates to arrangements for children or finances on divorce. It does not automatically follow that the parties are now engaged in acrimonious court proceedings, rather that they require the court’s assistance in concluding matters.

To start court proceeding, the party making the application (‘the applicant’) must obtain a certificate from the mediator confirming that they have attended a Mediation Information and Assessment Meeting (MIAM) and that mediation was not suitable. There are some exceptions to this rule, primarily where there have been issues of domestic abuse which would automatically exempt parties from mediation. The certificate is released to the applicant and a copy is filed with the court application.

Once the court have issued the application a timetable is set for the first stages in the case which all parties must adhere to.

It is important to consider at the outset of your matter whether mediation is likely to assist you. If you have concerns about the openness of the other party or their willingness to take part in the process then mediation may not be the best way forward, and a clear timetable set down by a court may benefit you.


For further information about any part of divorce and seperation, or to talk to one of our dedicated Family team, visit their hub page.

Contact our legal experts



Paper plane


Get the latest news straight from our legal experts.

Subscribe to our newsletter to receive current, dedicated, suppport and guidance from our solicitors straight to your inbox, wherever you are.

Company & Industry

Related Insights


Call for hospitals to use gold-standard GBS test

Posted on 25th February 2021 in Medical Negligence

Patient Safety Minister Nadine Dorries has issued a call for hospitals to use gold-standard test for mothers at risk of giving babies Group B Strep, after the large-scale National Institute for Health Research-funded clinical trial on testing for GBS had received ethical approval in 2019 with an estimated 80 hopsitals required to take part ensuring the rial screening could reach 320,00 women, only 15 hospitals have been able to commit.

Posted by

Stuart Bramley

Partner and Solicitor

The Inheritance Act and Adult Children

Posted on 23rd February 2021 in Dispute Resolution

Following our recent insight on the Inheritance Act and Minor Children, this insight moves onto another category of claimant under the Inheritance (Provision for Family and Dependants) Act 1975 (“Inheritance Act”) - adult children.

Posted by

Martin Laver

Partner and Solicitor