Mediation is a process encouraged by UK courts to help parties resolve disputes without the stress and cost of a full hearing. In family cases, attending a Mediation Information and Assessment Meeting (MIAM) is often required before you can apply to court. Many people worry: if I refuse mediation, will the judge hold it against me?

How Courts View Mediation Refusal

UK courts expect parties to consider mediation seriously. The Family Procedure Rules and Civil Procedure Rules both promote negotiation and settlement. Judges want to see that you’ve made a genuine effort to resolve matters outside court. If you refuse mediation without a good reason, the court may view this negatively.

Possible Consequences of Refusing Mediation
Costs Orders: Courts can order you to pay some or all of the other party’s legal costs if you unreasonably refuse mediation. In Moradi v The Home Office [2022] EWHC 3125, the court penalised a successful party for declining to negotiate.

Court’s Perception: Refusal may suggest you’re unwilling to cooperate, which can affect how your case is managed.
Delays: Not engaging in mediation can slow down proceedings, especially if the judge orders you to try again.

Reasonable grounds to refuse mediation

There are valid reasons for refusing mediation, such as:
-Domestic abuse or safeguarding concerns.
-Urgent situations where delay would cause harm.
-No suitable mediator available within a reasonable distance or timeframe.
-Previous attempts at mediation have failed.

If you fall into one of these categories, document your reasons clearly. The court will consider exemptions, especially in cases involving risk or urgency.

Common Mistakes and Pitfalls
-Failing to explain or evidence your reasons for refusal.
-Assuming the court will automatically accept your decision.
-Not exploring alternatives, such as shuttle mediation (where parties don’t meet face-to-face).
-Refusing mediation simply out of frustration or anger.

Things to Consider Before Refusing
-Is mediation safe and appropriate for your situation?
-Can you provide evidence (e.g., letters from support services, previous mediation records)?
-Have you considered all forms of mediation, including remote or shuttle options?
-Are you prepared to explain your decision to the judge?

Practical Steps Forward
-Record your reasons for refusing mediation in writing.
-Gather supporting evidence, such as correspondence with mediators or support organisations.
-If you’re exempt (e.g., due to domestic violence), make sure you meet the exemption criteria and can provide proof.
-Be ready to show the court you’ve considered mediation seriously, even if you ultimately decided against it.

Conclusion

Refusing mediation can go against you in court if you don’t have a valid reason and fail to document your decision. However, the law recognises that mediation isn’t suitable for every case. By making an informed choice, gathering evidence, and communicating clearly, you can protect your position and focus on resolving your dispute in the best way possible.

If you’re unsure, take time to reflect on your reasons and prepare to explain them. The court values honesty and a genuine effort to resolve matters—showing this will always work in your favour.