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Hi,
I have made an application to court for a Shared Residence Order. My ex-partner has agreed to mediation and I was convinced that she wouldn't so was just 'ticking the boxes' in order to get the court process started. In fact, because I wont be entitled to legal aid I have a suspicion that she is using the opportunity to make me spend what could amount to several hundred pounds on something completely useless.
Because I want to try and achieve a shared residence order and I know my ex will not agree to this, is the mediation a complete waste of time? I will have to go to court to try and get the order anyway.
Hi
It's quite common for ex's and mediators to string the process out for financial gain or point scoring I'm afraid.
I think realistically you should, after one joint session, get a feel for whether you're going to be able to reach an agreement. If it is clear this isn't going to happen, you can discuss this and ask for the C100 to be signed off allowing you to apply.
Mediation can work wonders but it's not for everyone. Court should be avoided where possible, unfortunately sometimes it's the only way to secure the certainty and routine for the child(ren).
Good luck.
In addition, with few exceptions, there is a requirement to attend mediation before the court process is started, so if you don't at least try, chances are the court would send you back there anyway, and it wouldn't look good for you if you had refused it.
Does your ex have legal aid? if not she will have to pay half of the mediation fee so that should put her off and stop her leading you up the Garden path mediation is a waste of time as nothing you decide is legally binding I'd much rather go straight to court so you're best bet would to inform her how much mediation costs that will hopefully put her off then you attend and get the money grabbing mediator to sign off your c100 mine did but it still cost me £100. scumbags.
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