We are often asked questions about our process including the following: "What if I come for my mediation intake and the other party doesn't respond when invited?", and " What if the other party declines or refuses to attend?". These questions are understandable and require clear answers explaining how each of these situations is dealt with.
Many mediations are lawyer referred or court ordered and both parties are on board with the process and attend with or without lawyers. Others are initiated by one party who makes contact and a confidential intake is arranged. Some Frequently Asked Questions include the following: ” What If I come for my mediation intake and the other party doesn’t respond when invited?”. You can dance by yourself but unfortunately you can’t mediate by yourself.Yes, we need two parties to be able to mediate. At your intake we will gather relevant information and background to the dispute from your perspective on a confidential basis. We will then invite the other party to attend a confidential intake. “What if the other party declines or refuses to attend?”. We will do everything possible to have the other party attend.Sometimes they simply need to feel safe and trust our process.Often they want reassurance that we are neutral and independent and not on anyone’s team. If despite our efforts the other party refuses to attend, then we will advise you of your options,one of which is to proceed to court. In matters concerning the care of or contact with children, if appropriate, we will direct the issue of a certificate(Section 60I) to enable this to occur. Mediation can still however take place even after court proceedings begin if the parties agree or the court so orders.
Talk with us
Provide your name and contact details below and we’ll get back to you as soon as we can.