Frequently Asked Questions
Please use the tabs below to search through our frequently asked questions, or alternatively, you can use our search form below.
Why isn't my mediation going ahead?
The decision to go ahead with mediation is made following the introductory MIAM meeting with both of you.
As part of agreeing to mediate both clients AND the mediator have to agree mediation is suitable.
As the whole mediation process is voluntary, if any one person in the mediation process does not wish to proceed, then mediation will not go ahead.
Because mediation is both confidential and privileged, which means discussions that take place with a mediator cannot be used outside of the mediation meeting whether that’s the MIAM meeting or a full mediation session, we are often unable to provide details of why mediation is not going ahead.
This can be very frustrating for the person who wanted mediation to happen. There could be any number of reasons why it may not be going ahead, but without the full agreement of all concerned mediation cannot proceed. It may be that the timing was wrong, and when faced with the alternatives of being taken to court, mediation is worth reconsidering or it could be that one of the exemptions applies that makes it necessary to go through the court route.