The mediator will not place any pressure on you to choose mediation if you decide that it is not suitable for you. Their role is to help you make ‘fully informed’ decisions so that you can make the best choices for you and your separated family.
All the mediator will expect is honesty and openness about your views, how you are feeling and reasons for your decisions.
Equally, the mediator will not want their client to agree to mediation just because it might make them look bad if they do not agree, before going to court.
Mediation only works when everyone comes to it with good intent and a commitment to giving the mediation process their ‘best effort’.
For this reason, each person will need to be clear about what mediation will require of them, especially in terms of communication. Have a look at the chapter about preparing to communicate in mediation.
At the end of or after the MIAM, if you and / or the mediator decide that you do not wish to proceed to mediation at the moment or mediation is unsuitable and you subsequently decide that you wish to make a court application, the mediator will complete and sign their page of your court application form. We call this your MIAM certificate.
The court application must be made within 4 months from the date the MIAM took place otherwise another MIAM may be required before a court application can be made.
Have a look at an example MIAM certificate in the Useful Documents section of this page.