What Happens When Family Mediation Breaks Down or Does Not Go Ahead?
Family Mediation and What Happens Next
Family mediation can be an effective way of resolving disagreements following separation or divorce without going to court.
It can help parents reach agreements about their children, including where children live, when they spend time with each parent and other arrangements for their care.
It can also help separating couples resolve financial issues, including property, savings, pensions and other financial matters.
However, mediation does not always result in an agreement. Sometimes mediation cannot begin, one person does not wish to take part, or the mediator decides that mediation is not suitable.
When this happens, there may be circumstances in which the matter can progress to the Family Court.
Mediation may break down for a number of reasons.
For example:
• The parties cannot reach an agreement.
• One person is unwilling to continue with mediation.
• One person does not attend.
• The mediator considers that mediation is no longer suitable.
• The issues are too difficult to resolve through mediation.
• Circumstances change during the mediation process.
• There are concerns about safety, safeguarding or domestic abuse.
• Another form of non-court dispute resolution may be more appropriate.
A mediation ending without an agreement does not mean that anyone has failed.
The purpose of mediation is to give the people involved an opportunity to reach their own agreement. A mediator cannot impose a decision on either person.
If an agreement cannot be reached, the parties may need to consider other options, including making an application to the Family Court where appropriate.
Can you go to court if the other person refuses mediation?
Yes, refusing mediation does not mean that you are permanently prevented from going to court.
The applicant will normally need to satisfy the MIAM requirement, unless an exemption applies.
If the other person refuses to attend, the authorised mediator can consider the circumstances and complete the relevant documentation where the rules allow.
GOV.UK also confirms that if you attend a MIAM but your ex-partner does not, you can still apply to court.
Can you apply to court while mediation is ongoing?
In some circumstances, a person may need to make a court application while mediation or another form of non-court dispute resolution is being considered or attempted.
This can be particularly important where there is urgency or a risk that waiting could cause serious problems.
The Family Court can also consider non-court dispute resolution during proceedings and may, where appropriate, pause proceedings to allow an attempt to resolve matters outside court.
Whether this is appropriate depends on the circumstances of the individual case.
What should I do if mediation has broken down?
If mediation has ended without an agreement, you should consider:
1. What issues remain unresolved.
2. Whether another form of non-court dispute resolution could help.
3. Whether you need legal advice.
4. Whether you need to make an application to court.
5. Whether you have a valid MIAM confirmation or exemption.
6. Whether the four-month period is still applicable.
7. Whether there are any urgent circumstances that require immediate action.
For children matters, the relevant application may be Form C100.
For financial matters following divorce or dissolution, the relevant application may be Form A.
Important Information
Family mediation is voluntary and a mediator cannot force either person to reach an agreement.
A mediator is impartial and does not act for either party.
The Family Court makes decisions where an agreement cannot be reached and a court application is made.
The information on this page is provided for general information about family mediation and the court process. It is not legal advice and does not replace advice from a qualified family-law professional.
Court forms, rules, fees and procedures can change. Users should check the current information on GOV.UK before making an application.
Official GOV.UK information
Form C100 – Children
Download or apply using Form C100
Apply for a child arrangements order
Form A – Financial order
Download the current Form A
Family mediation information
Family Court forms
GOV.UK – Family Court forms and guidance
What if mediation does not go ahead?
Sometimes mediation does not proceed after the initial assessment.
A Mediation Information and Assessment Meeting (MIAM) is normally required before making certain Family Court applications in England and Wales, unless an exemption applies.
At the MIAM, an authorised family mediator considers whether mediation or another form of non-court dispute resolution may be suitable.
If mediation is not suitable, or the other person is unwilling to participate, the mediator can deal with the relevant court-form requirements where appropriate.
The current Family Procedure Rules provide for circumstances where an authorised family mediator can confirm that mediation is not suitable, including where the other party is unwilling to attend a MIAM or where mediation is otherwise unsuitable.
What happens after mediation?
There are generally three possible outcomes:
1. An agreement is reached
If an agreement is reached, the mediator can record the outcome of the mediation.
Depending on what has been agreed, the parties may need legal advice or a court order to make an agreement legally binding.
2. Mediation ends without an agreement
If the parties have attempted mediation but cannot reach agreement, they may consider other options.
For disputes concerning children, this may include an application to the Family Court using Form C100.
For financial disputes following divorce or dissolution of a civil partnership, this may include an application using Form A, where appropriate.
3. Mediation is not suitable or does not proceed
Mediation may not be appropriate in every case.
Where the mediator determines that mediation is unsuitable, or the circumstances mean that mediation cannot proceed, the mediator can complete the relevant section of the court application process where permitted.
Form C100 – Children
If the dispute concerns arrangements for children, Form C100 is the application used to ask the Family Court for certain orders under the Children Act 1989.
This can include applications concerning:
• Child arrangements
• Where a child lives
• When a child spends time with another person
• Specific issues concerning a child’s upbringing
• Prohibited steps
• Varying or discharging certain existing orders
The current C100 form requires the applicant to confirm attendance at a MIAM or identify an applicable exemption.
Where a MIAM has taken place, the relevant section of the C100 must be completed by the authorised family mediator.
Official C100 form
You can obtain the current C100 form directly from HM Courts & Tribunals Service:
You can also apply online for a child arrangements order:
Form A – Financial Matters
Where the dispute concerns finances following divorce or the ending of a civil partnership, Form A is used to give notice of the intention to proceed with an application for a financial order.
Financial issues can include matters such as:
• Property
• Savings
• Investments
• Pensions
• Maintenance
• Lump sums
• Other financial assets or liabilities
The current Form A is available directly from HM Courts & Tribunals Service.
Official Form A
GOV.UK – Form A: Notice of intention to proceed with an application for a financial order
The current GOV.UK page was updated in July 2026, so users should always download the latest version rather than relying on an old copy.
The Mediator's Signature
For applications where a MIAM is required, the court needs confirmation that the applicant has attended a MIAM, unless an applicable exemption is being relied upon.
For a C100 application, the current form specifically states that where the applicant has attended a MIAM, the family mediator must complete and sign the relevant section.
The mediator’s role is not to decide who is right or wrong.
The mediator is confirming the relevant information required by the court process and, where applicable, whether the circumstances fall within a mediator’s exemption.
Only an authorised family mediator can provide the appropriate confirmation required for the court process. GOV.UK explains that the mediator signs the relevant form following the MIAM.
The Four-Month Rule
A MIAM or relevant non-court dispute resolution attendance can be relevant to the MIAM requirement for four months before a court application.
The Family Procedure Rules provide an exemption where the prospective applicant attended a MIAM or a non-court dispute resolution process relating to the same or substantially the same dispute within the four months before making the application.
In practical terms, if you have already attended a MIAM, it is important not to leave matters for too long before making a court application if you intend to rely on that attendance.
If more than four months have passed, you may need to attend another MIAM unless another exemption applies.
Always check the current court rules and your individual circumstances before making an application.