What occurs if one party does not show up to mediation? – 2021

July 22, 2021

What Happens If One Party Fails to Attend Mediation?

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Impact on the Mediation Process

When one party fails to attend mediation, it can disrupt the process, making it difficult to reach a resolution. The mediator may need to reschedule the session, which can result in delays and added costs. The absence of one party can also create a power imbalance, as the other party may feel like they have an unfair advantage.

Consequences for the Non-Attending Party

The non-attending party may face several consequences if they fail to attend mediation. These consequences may vary depending on the circumstances of the case. For example, if the non-attending party is the petitioner in a divorce case, the court may dismiss their case. In contrast, if the non-attending party is the respondent, the court may proceed without them and make orders based on the information provided by the attending party.

Advantages of Attending Mediation

Attending provides several advantages over not attending. These advantages include:

Control over the outcome: Parties have more control over the outcome of their case than they do in court. They can work together to find a solution that meets both of their needs.

Confidentiality: It is a private process, which means that parties can speak freely without fear of their statements being used against them.

Cost-effective: Mediation is generally less expensive than going to court, as it can be resolved in fewer sessions.

Speed: It can be completed in a shorter time than court proceedings, resulting in faster resolutions.

What to Do if One Party Doesn’t Attend

If one party fails to attend, the other party can take several steps to move forward. The first step is to contact the mediator to inform them of the situation. The mediator may be able to reschedule the session or suggest alternative methods of communication, such as phone or video conferencing.

If the non-attending party continues to refuse to attend, the attending party may need to seek legal advice. An attorney can advise on the next steps to take and whether it’s necessary to proceed with court action.

Contact Aspire family mediation today

It is a useful tool for resolving conflicts and reaching mutually acceptable solutions. However, if one party fails to attend mediation, it can disrupt the process and create difficulties in reaching a resolution. The non-attending party may face consequences, such as the dismissal of their case or the court proceeding without them. If one party fails to attend, the attending party should contact the mediator and seek legal advice if necessary. Aspire Family Mediation provides comprehensive mediation services and can assist parties in resolving their dispute. Contact Us Today

When I and my ex-wife decided to get separated, we were really worried about our little daughter, butI am thankful to these people, they sorted arrangements.
– Ethan
I never felt any issues through my divorce process, thanks to the mediation provided by Aspire Family Mediation. Now I feel like were moving forward.
– Charlie