What to Expect If Mediation is Unsuccessful : Guide By Capitol Family Mediation Woking

At Capitol Family Mediation in Woking, we use collaborative mediation to help families with a variety of family-related issues, including divorce, child custody, and division of assets. Our experienced mediators are skilled at helping parties identify their interests and providing them with the tools and support they need to reach an agreement.

What is Mediation?

Mediation is a process used to resolve disputes between two or more parties in a civil or commercial dispute. It is a voluntary process in which a neutral third party—the mediator—works with the two or more parties to help them reach an agreement. Mediation is typically faster and more cost-effective than other forms of dispute resolution such as arbitration or litigation.


Advantages of Going to Court:

  • Be able to ask a judge to make a legally binding decision about the dispute
  • Access to legal remedies and enforcement of court orders
  • Ability to take the dispute to a higher court if the decision is unsatisfactory

Disadvantages of Going to Court:

  • Longer time frame
  • More expensive than mediation
  • May result in an unsatisfactory decision due to the limited amount of evidence that can be presented in court

What Happens If Mediation is Unsuccessful?

Even with the best intentions and the most skilled mediator, it is possible for mediation to be unsuccessful. When this happens, parties will have to decide how to move forward. Depending on the type of dispute, parties may decide to take the case to court or pursue a different form of dispute resolution, such as arbitration or litigation.

Before making this decision, it is important for parties to consider the advantages and disadvantages of each option. For example, court proceedings tend to be more expensive and time consuming than mediation, while arbitration may provide a faster and more cost effective solution than litigation.

What Are the Alternatives?

If mediation is unsuccessful and court proceedings are not an option, parties may consider other forms of dispute resolution such as arbitration, litigation, or private negotiation. Arbitration is often faster and less expensive than litigation, while private negotiation may provide more flexibility and control over the outcomes.

Ultimately, the choice between going to court or pursuing an alternative form of dispute resolution depends on the type of dispute, the interests of the parties, and the laws in their jurisdiction. Parties should consider all of their options before making a decision.


Mediation is often a successful way to resolve disputes, but it is possible for mediation to be unsuccessful. When this happens, parties must decide how to move forward. Going to court is an option, but it is important for parties to consider all of their options, including arbitration, litigation, and private negotiation. At Capitol Family Mediation in Woking, we can provide guidance on all of your dispute resolution options.

We offer MIAMs and also family mediation by video meeting.
You can moderate without leaving residence to see one of our family mediation centres, which individuals are discovering specifically practical offered Coronavirus constraints.
Yes. Not long after the initial lockdown, we relocated quickly to supply family mediation by video meeting.
This is verifying popular with clients, that can aim to make vital negotiations over parenting, residential or commercial property and money without leaving home, and also without being in an area with their ex-spouse.
To see if you can obtain lawful aid for family mediation, comply with these actions.

The mediator will certainly complete a type called a CIVMEANS7 at your initial MIAM conference.

You after that authorize as well as date it. Since this assists us compute your revenue as well as outgoings, that’s.

You need to offer files validating your revenue either at or before your meeting, copies are connected to the type.

  • As an overview, you may be qualified if:
  • Obtain Revenue Assistance,
  • Universal Credit history,
  • earnings based JSA,
  • income based ESA,
  • Pension plan
  • Guarantee Debt
  • Live on your own and your family revenue is much less than ₤ 1,000 per schedule month.
  • Have a household income much less than ₤ 1,400 per calendar month, and also you live with a companion and/or reliant children

Legal Help is provided by the government to cover the cost of family mediation services for family members in dispute.
It is means-tested.

So you have to supply proof of your existing economic conditions to verify you’re qualified to get it.

If you are eligible, Lawful Help will certainly cover all your individual mediation expenses.

It will certainly also cover costs of the initial appointment as well as first mediation meeting for the other person, if they’re not qualified in their own.

Qualification for Lawful Help additionally enables you to get legal aid for legal expenses, up to a cost restriction.

if you divide from your partner there are a number of points to be considered and made a decision.
For instance:
  • where you are going to live from now on, and where your companion will certainly live
  • if you have children where will they live and also what setups will there be for them to see the other moms and dad
  • what to do concerning money and also ownerships you have actually acquired with each other–
  • this consists of cost savings and financial obligations
A divorce petition is sent out to the court, or finished online through gov.uk with a kind laying out the setups for the children, where suitable.
Often this form is concurred between you prior to procedures are issued.
The arrangements are not binding on you and, if there is any kind of dispute in between you, not solved in mediation, it is open to either of you to make an application under area 8 of the Children Act 1989 for orders for residence, get in touch with, restricted actions or particular problem orders.

Once the divorce petition, the statement of plans for the children, the original marital relationship certification, the cost and also the right number of copies have been sent out, the petitioner receives a note of the court number and also the papers are served on the participant by article.

The participant gets an acknowledgement of service type which they need to return as well as complete.

The court will ahead a copy of the acknowledgement of solution form to the petitioner once it is received, as well as the petitioner will certainly after that complete a conventional kind sworn statement in support of the application.

This, when vouched, is lodged together with a form requesting instructions for trial.

The papers at this stage are positioned prior to a District Court who will license whether or not the mandate can be given.

If it can, then the court will certainly note a date for the declaration of the decree nisi as well as educate you of the day.

It is an administrative act and is normally sent back by the court within days of the application.

The formal divorce process is usually believed to take in between four and also 6 months before it ends up being lawfully finalised.

Nevertheless, a variety of factors can affect the length, including the complexity of any kind of problems you need to figure out between you regarding parenting, cash or building.

These are all issues which our family mediation solution can assist you settle far more swiftly.

Contracts reached in mediation can be used to form the basis of any court order you could require consisting of a monetary order that will certainly offer assurance for the future.

The Covid-19 pandemic has likewise had an influence on the speed at which family courts have had the ability to operate.

This indicated substantial hold-ups obtaining an initial appointment in the court, if you can not agree a way onward with your ex lover and so need the court to intervene.