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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Refusing mediation based on DA.

7 replies

Gloriously · 01/10/2023 11:01

Can anyone tell me how this works - do you need evidence of any alleged DA or are any allegations acceptable without evidence and the situation goes directly to the family court.

OP posts:
tescocreditcard · 01/10/2023 14:14

You'd need evidence you can't just say it.

Just go to mediation once. An abuser isn't going to mediate anyway so nothing will get agreed but at least you can then say you've tried mediation and it didn't work.

Then you can move on to the next stage.

Catsafterme · 01/10/2023 18:01

Mine involves DA and my solicitor advised doing mediation knowing it wouldn't happen. Was right, I did it on my own and got the certificate for court.

Original poster
Gloriously · 01/10/2023 18:23

So the mediation process will not determine if DA happened or not?

If its it’s likely to be hostile and unproductive is mediation then just a box ticking exercise before court.

When can you file C100 - is it at the end of the mediation appointment or do you have to wait a certain amount of time?

OP posts:
Libraryloiterer · 01/10/2023 18:27

tescocreditcard · 01/10/2023 14:14

You'd need evidence you can't just say it.

Just go to mediation once. An abuser isn't going to mediate anyway so nothing will get agreed but at least you can then say you've tried mediation and it didn't work.

Then you can move on to the next stage.

This is appalling, and factually incorrect advice, please ignore.

The applicant's C100 will trigger an invite to a MIAM, you then decline this on the grounds of domestic abuse. You will also need to fill out a C1A outlining the harm you/ your children have experienced. Worry about evidence further down the line when you're actually in court, for now just make your position clear in the paperwork.

You might also want to contact Rights of Women for advice if you don't have a lawyer.

LemonTT · 01/10/2023 22:04

Mediation won’t determine if abuse happened. The mediator might observe the abuse and call an end to the process.

Catsafterme · 01/10/2023 23:22

Gloriously · 01/10/2023 18:23

So the mediation process will not determine if DA happened or not?

If its it’s likely to be hostile and unproductive is mediation then just a box ticking exercise before court.

When can you file C100 - is it at the end of the mediation appointment or do you have to wait a certain amount of time?

Mediation isn't advised with DA cases, I only did mine as they had ignored everything up to that point and was the same with that. I didn't need to in order to file a C100 but it was basically a case of further proof they are ignoring all other avenues to sort the issue regarding the children contact.

So no you don't have to in order to file, and as said above you'll fill in the C1A part of the form and evidence is further down the line at court.

I believe mediation is required where there isn't DA and they prefer both parties to at least try that before going to court.

Topsyturvy33 · 02/10/2023 12:52

You can do shuttle mediation where you don’t have to sit in the same room as your ex. Not sure if that would help you if you just want to say you tried mediation.

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