What Happens if the Other Parent Refuses to come to Mediation?

Parents instigate mediation because they have disagreements. Unfortunately, who choses the mediator can sometimes become a squabble in itself. Sometimes, a parent would rather stick their head in the sand rather than talk about problems. Sometimes, a parent just wants to go to court.

There are a number of reasons that a parent might avoid mediation. It is not a good idea, and can have repercussions should the matter then go to court.

Our process is that after meeting with one parent, we contact the other parent to explain the process and book in to speak with them. It is important that we give parents a reasonable opportunity to respond to our request for mediation as it is imperative that we are fair and even-handed. We make sure that this has been done in a timeframe that is reasonable for both parties.

However, if a parent entirely avoids our attempts to contact them or if they refuse to attend mediation, we write the other parent the certificate that they will need to apply to take the matter to the Federal Circuit and Family Court. This certificate informs the court that one of the parties refused or would not attend mediation, and there may be consequences for that party.

If you would like any further information on how mediation can work in your circumstances, please contact our office for a free fifteen minute phone consultation.