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I know mediation is mandatory prior to proceeding to court and that anything agreed at mediation between the two parties is not legally binding.
What I would like to know is:-
1) If mediation fails and then the matter progresses to court does the mediator send a report and/or an
assessment of the meeting/s that have taken place between the opposing parties?
2) Do CAFCASS ever request reports / assessments from a mediator at anytime prior or during court
proceedings?
3) Do judges or magistrates ever request reports / assessments from a mediator at anytime prior or
during court proceedings?
With respect, I am looking for factual answers please not opinions
Thank you.
Hi there
To answer your questions
1. No they don’t send anything to court . Anything discussed in mediation is without prejudice and isn’t bought up in court. All they do is sign you a form that says you tried mediation and it wasn’t successful and you can then apply to court .
2. As above .. cafcass won’t request and the mediator won’t divulge.
3. Again what’s discussed in mediation isn’t bought up .
I know as I’ve done it and was made to sign a form saying basically the discussions aren’t bought up outside in court etc
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