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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.

Ex s solicitor keeps suggesting mediation even though I have a certificate saying it’s not appropriate

13 replies

Shimmerandshine21 · 31/08/2024 13:00

Just after some advice please. My ex keeps pushing and pushing for mediation. There has been a lot of DA in our relationship and it was deemed by the mediatior I spoke to that mediation was not suitable. My ex s solicitor has now bought it repeatedly in his communication that if I don’t mediate we will have to go back to court. This solicitor is also a mediator. I am finding his behaviour threatening as surely he is aware that it’s not an option for us. Can I report this to anyone or tell him to stop more forcefully than I have already done where I have reminded him on a number of occasions that mediation was deemed inappropriate

OP posts:
fuffymeloncauli · 31/08/2024 14:48

Where's the certificate from? I'd scan a copy and send to the solicitor via recorded delivery with a letter that says you are not entering mediation as you have been advised it is not suitable and your answer will not change. Then let them take it to court if they want.

RandomMess · 31/08/2024 14:49

I would respond to every solicitor letter yourself with a copy of the certificate and say "yes, we need to go via court".

Shimmerandshine21 · 01/09/2024 17:05

The certificate was provided by the mediator I met for the MIAM it is an exemption certificate. I have repeatedly told the solicitor this and he has seen the certificate which is why I’m finding it so unusual that he would continue to go on about it in every email.

OP posts:
PronounsBaby · 01/09/2024 17:09

Sounds like he is touting for more businesses if he is a mediator. Can you apply to court yourself?

Prawncow · 01/09/2024 17:10

What does your solicitor say?

kiwiane · 01/09/2024 17:20

Would shuttle mediation work?
Make sure you have a solicitor that you trust.

RandomMess · 01/09/2024 17:21

You could say if your ex is prepared to fund ALL costs for SHUTTLE mediation at a time and location that works for you then you will try it.

Mum2GirlSs · 01/09/2024 17:26

You don't have to reply to the solicitors email at all @Shimmerandshine21

Or you could just reply with "yes we will have to go to court then" and attach the certificate each and every time.

It sounds like they are reluctant to go to court; either because your ex doesn't want the cost or because they know they are unlikely to get the result that your ex wants and therefore feel as though they can push you into medication and get what they want.

Have you been to court for this previously? - You say "back to court" this makes me Think they are wanting to change the arrangement that you already have in place? - I could be wrong - but have you been to for whatever this is for already? Child arrangements etc

Shimmerandshine21 · 01/09/2024 17:59

We ve already been to court. It didn’t go his way and he’s wanting to go back saying it’s not working. We only went to court a year ago. I don’t see what we are mediating about the order works for us but not for him because he hasn’t done what he should have done.

OP posts:
Mum2GirlSs · 01/09/2024 21:04

Well then I would keep replying to the solicitor with the same boring replies. Your ex is being charged everytime they email / reply to you / pass on your responses.

"As previously stated; mediation is not suitable. See attached MIAM certificate. I will wait for a court date notice"

  • attach certificate
RandomMess · 01/09/2024 21:42

I wouldn't even bother replying to the solicitor or his letters in that case!

Ariela · 01/09/2024 22:51

@RandomMess I'd keep replying as @Mum2GirlSs says. Each time solicitor writes to you, and you reply she has to advise/write back to him, it's costing HIM money

RandomMess · 01/09/2024 22:56

But it's also a way that he's trying to control her by trying to get her to engage.

He will probably continue to write whether she replies or not.

Grey rock, absolute silence, dropping the rope.

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