Answer

Contact a mediator as soon as you need help sorting things out. Even if you’ve been separated for a while, or if your case has already gone to court, mediation can still help to resolve things.

You can’t usually take your case to court until you find out if mediation can help you first. If you can’t show that you’ve considered it, the judge may stop or delay proceedings until you have.

Once you’ve found a mediator, the next step is to attend a first meeting with them to find out if it’s right for you. Sometimes this is called a Mediation Information & Assessment Meeting (MIAM).

If you think you need legal advice to help you during mediation, this can be arranged at any time during the process. You might be able to get legal aid to pay for this.

If your case is not suitable for mediation you will still need to show the judge you’ve considered it by filling in the relevant court form.

Answer

If you want to take your case to court, it is now – in most cases – a legal requirement to attend a MIAM. The other person involved is also expected to attend a MIAM, but they don’t have to go to the same meeting as you.

There are exemptions that mean you might not have to go to a MIAM. It can also be agreed at the MIAM that mediation isn’t right for you.  There are a range of options available for resolving family disputes so, even if mediation isn’t right for you, court isn’t the only other option.

Answer

There are a number of ways of dealing with family matters without having to make an application to court.

• A divorce or dissolution of a civil partnership can only be granted by a court but this can be done without actually going to a hearing at court.
• For many people, sorting out arrangements for children and agreeing how to split property and finances can be done without involving a court at all.

If you can’t work things out between you or have a family dispute, you will be expected to try to sort it out using mediation before going to court.