[Solved] Court application

If, for example, your ex said she is not prepared to discuss contact at all in mediation, I guess they may sign the C100 (court form).

The MIAM is the meeting itself, the outcome of that is either you mediate OR the mediator signs the C100 to prove you've tried and the case isn't suitable.

Yes but they give you the signed form to say mediation isn't for you. I have not been to mine interview to talk the matter through with them but she has told me she has it to make the application

Just want some clarity

There can only be one applicant and one respondent, as your ex has attended the MIAM first and for whatever reason, it has been decided that further mediation isn't appropriate, the mediator has signed off the form to enable her to make the application.

The court may order you both back to mediation, they can do that...you could state that mediation hadnt been tried and you would be open to it. However if there has been domestic violence in your relationship, or she has made allegations as such, then mediation is unlikely to be deemed appropriate.

Ive deleted your other post as it was a duplicate of this one and it can be confusing to have two the same running side by side.

I have my appointment for mediation soon. So how can the mediator say that mediation wouldn't work without listening to me?

Hello Daddydoo,

My Son was the applicant, he went to mediation as it was compulsory, however, the mediator signed off the form, assumedly as he believed the case was not suitable for mediation. Consequently his Ex did not have the chance to go. It went straight to court. In my opinion it was a blessing in disguise.

I would not feel too downhearted or dispirited because if your Ex accepted it being signed off that is an indication in itself mediation would probably not have worked.
You will have your chance to voice and put forward your case in court.

Hi MotherofaFather

How long ago was this? Would the mediation people not have to tell me they have done this so I don't waste my time or money going to them?

Hello Daddydoo,

I have spoken of my personal experience which was in the last three years. I am not familiar as others are on here regarding forms that need to be filled in for the court or the various processes and procedures. However I would expect you to have been informed that mediation would not be taking place as common courtesy demands that.

Someone more knowledgeable than me will be able to answer your question and be able to tell you how to get confirmation that mediation has been written off.

I went into mediation a month or so back and let slip that the judge had insisted we return and try again. The mediator wasn't happy, said "this is a voluntary process that doesn't work if forced". She checked with her legal dept and then failed the MIAM on the grounds that it had been ordered by a court.

I then had to apply again for mediation - this time it was deemed as voluntary as it wasn't ordered - of course it still failed.

My experience could be a one off but in general, I'd go with the mediator - if it isn't entered into voluntarily, it ain't gonna work.