Mediation is often the first step in resolving family and financial disputes in England and Wales. Sometimes, though, mediation doesn’t resolve every issue, or one party isn’t satisfied with the outcome. If you’re considering court after mediation, it’s natural to worry about what comes next, what evidence you’ll need, and how the court will view your previous efforts.

Why Do People Go to Court After Mediation?

Mediation can help parties reach agreement on some or all issues, but it’s not always successful. You might go to court if:

• No agreement was reached.

• Only some issues were resolved (e.g., you agreed on child arrangements but not finances).

• One party didn’t stick to the agreement.

• Urgent issues arose after mediation.

Self-Representation: A Growing Choice

Thousands of people in England and Wales self-represent successfully every month, saving up to £500,000 in legal fees, especially in cases involving substantial assets or complex family arrangements. The courts are increasingly familiar with litigants in person and provide guidance to help you navigate the process.

What Does the Court Consider?

Courts expect parties to have tried to resolve matters outside of court. Your efforts in mediation show you’ve acted reasonably. However, mediation discussions are confidential—what you said or offered can’t usually be used as evidence. The court will look at:

• Whether you attended mediation (or had a valid exemption).

• Any written agreements or outcomes from mediation.

• Your willingness to negotiate and compromise.

If you refused mediation without good reason, the court may consider this when making costs orders or managing your case.

Common Mistakes and Pitfalls

• Not bringing written evidence of what was agreed in mediation.

• Assuming a mediation agreement is automatically legally binding (it isn’t unless made into a court order).

• Failing to clarify which issues remain unresolved before going to court.

• Overlooking the need to prepare new evidence for court, rather than relying solely on mediation records.

Things to Consider Depending on Your Situation

• Married couples/divorce: You may need a financial order (for property, pensions, maintenance) or a child arrangement order.

• Unmarried couples: You might seek a specific issue order (e.g., about schooling) or a prohibited steps order (to prevent certain actions).

• Parents: If child arrangements weren’t agreed, be ready to explain your proposals and why mediation didn’t resolve them.

• Financial disputes: Prepare clear evidence of assets, income, and any offers made during mediation.

Practical Steps Forward

• Bring all relevant documents: mediation outcome statements, written agreements, and evidence of attempts to resolve matters.

• Be clear about which issues are still in dispute.

• Prepare a concise summary of your position and what you’re asking the court to decide.

• If you reached partial agreement, ask the court to make those terms into a binding order.

Conclusion

Going to court after mediation isn’t a failure—it’s sometimes necessary to resolve complex or urgent issues. Thousands self-represent every month, saving significant legal costs and proving that it’s possible to achieve fair outcomes without a solicitor. The court values your efforts to settle and will consider them when making decisions. Stay organised, bring clear evidence, and be ready to explain your position. This approach will help you move forward confidently, whatever your situation.

If you’re unsure about what documents to bring or how to present your case, take time to list your unresolved issues and gather supporting evidence. The more prepared you are, the smoother the process will be.