The Two-Pronged Approach: Starting a Court Application and Mediation at the Same Time in London

If you are facing a family dispute in London and wondering whether to go to court or try mediation first, you may not have to choose. Starting a court application and mediation at the same time is a strategy that is gaining traction across London family law, and for good reason. It can protect your legal position while still leaving the door open for a faster, less expensive resolution outside of a courtroom.

This guide explains how the two-pronged approach works in practice, what London courts expect to see, and how to manage both processes at once so they work in your favour, not against each other.

Why Would You Start Both at the Same Time?

There are several situations in London family law where waiting to try mediation before filing a court application simply is not practical. Deadlines may be pressing, an ex-partner may be unresponsive, or you may need the protective effect of a court order quickly. But that does not mean mediation should be abandoned entirely.

The two-pronged approach recognises that court proceedings and mediation serve different but complementary purposes. Court proceedings set a formal timetable and ultimately give a judge the power to decide. Mediation gives both parties the chance to reach their own agreement, often more quickly, more cheaply, and on their own terms. Running them at the same time means you are not sacrificing one for the other.

This is particularly relevant in London, where family court waiting times can be lengthy and the cost of litigation is high. A settlement reached through family mediation in London during the early stages of proceedings can save months of court time and tens of thousands of pounds in legal fees.

What Do London Courts Expect?

London family courts expect parties to have considered mediation seriously, not just ticked a box. This expectation is embedded in the rules under the Family Procedure Rules 2010 and reflected in the approach taken by judges at the Central Family Court and across London district judges.

The requirement to attend a MIAM (Mediation Information and Assessment Meeting) before most court applications is a formal expression of this. Before you can issue a C100 (child arrangements), a Form A (financial remedy), or certain other applications, you must show that you have attended a MIAM or that a valid exemption applies. Read more about what to expect in our MIAM London guide.

Beyond the MIAM requirement, London judges are increasingly vocal about their preference for parties to engage in non-court dispute resolution (NCDR) at every stage. This means that even after proceedings have started, a judge may adjourn a hearing to encourage mediation or direct the parties to consider it. Being able to show you are already engaged in mediation, or have actively tried, puts you in a much stronger position in court.

How the Two-Pronged Approach Works in Practice

Running a court application and mediation at the same time does require some coordination, but it is more straightforward than it sounds. Here is how it typically works:

Step 1: Attend a MIAM

Your first step is to book a MIAM. This is a one-to-one meeting with a qualified mediator, lasting around 45 to 60 minutes, in which the mediator explains how mediation works, assesses whether it is suitable for your situation, and if so, invites your ex-partner to attend a MIAM of their own. At the end of the process, the mediator issues a MIAM certificate, which you need to attach to most court applications.

Importantly, the MIAM is not just a formality to get your certificate. It is a genuine opportunity to assess whether mediation could work for you, and many people find that attending one changes their view on the process.

Step 2: File the Court Application

Once you have your MIAM certificate, you (or your solicitor) can file the relevant court application. For child arrangements disputes this will typically be a C100 form. For financial matters, it will be Form A. Filing does not prevent mediation from continuing. It simply starts the formal court timetable running.

Step 3: Invite Your Ex-Partner to Mediation

At the same time as filing, or shortly afterwards, you or your mediator can invite your ex-partner to attend a joint MIAM or to move into joint mediation sessions. The fact that court proceedings have started can sometimes provide the prompt needed for the other party to engage, knowing that the alternative is a contested hearing.

Step 4: Run the Processes in Parallel

Court proceedings and mediation sessions can run at the same time. There is no rule that says you must suspend one in favour of the other. Your solicitor and mediator will normally communicate or at least be aware of each other’s timelines, so that any agreement reached in mediation can be converted into a consent order before the next court hearing.

Does Starting Court Proceedings Damage the Mediation Process?

This is the question most people ask, and understandably so. The concern is that filing a court application will put the other party on the defensive and make them less likely to engage in good faith mediation. In some cases, that concern is valid. But in many others, the opposite is true.

Where one party has been avoiding the issue, reluctant to engage, or dismissive of mediation as an option, the filing of a court application can be a clarifying moment. It demonstrates that you are serious, that the situation will be resolved one way or another, and that a negotiated outcome reached through mediation is likely to be better for both parties than a judge-imposed one.

What About the Mediation Exemptions?

There are a number of exemptions to attending a MIAM before a court application. These include situations involving domestic abuse, child protection concerns, urgency (where delay would cause risk), and cases where your ex-partner is not contactable or is based overseas.

It is worth understanding that claiming an exemption to avoid the MIAM requirement does not automatically mean mediation is off the table for the whole case. Judges can, and regularly do, raise mediation at the first hearing (FHDRA for children cases, first appointment for financial matters) even where an exemption was used to start proceedings. Being able to say you are open to mediation, or that you have already taken steps to engage with it, remains important throughout.

If you are unsure whether an exemption applies to you, our MIAM eligibility checker can give you a quick indication.

A London Case Study: Children Dispute in Hackney

The Two-Pronged Approach and Financial Disputes

The two-pronged approach is just as relevant in financial remedy cases as it is in children disputes. In London, where property values are high and financial settlements are often complex, the cost of a contested final hearing in the Central Family Court can run into many thousands of pounds, not including the emotional toll.

Filing Form A triggers the financial remedy process and begins the court timetable. But many London solicitors advise their clients to use the First Appointment (FA) as a prompt to push for a financial settlement through mediation rather than waiting for a Financial Dispute Resolution (FDR) hearing. Reaching agreement through financial mediation before the FDR can save months of proceedings.

If agreement is reached through mediation, a Memorandum of Understanding is drawn up and then converted into a consent order by your solicitor, which the court approves. You do not need a full hearing. For more on this, see our guide to financial consent orders.

Tips for Managing Both Processes Effectively

Running court proceedings and mediation in parallel does require a degree of coordination. Here are some practical points to bear in mind:

• Tell your mediator about the court proceedings. A good mediator will be aware of the court timetable and work with it, not against it. At London Mediation Service, we are used to working alongside solicitors and can accommodate session timings that fit around hearing dates.
• Keep your solicitor in the loop. If you reach an agreement in mediation, your solicitor will need to act quickly to convert it into a consent order before the next hearing.
• Do not discuss court strategy in mediation sessions. Mediation is without prejudice, but mixing legal tactics with the mediation process can undermine both. Keep them separate in your mind, even if they are running at the same time.
• Use the court timetable as a motivator, not a threat. When mediation sessions are scheduled around hearing dates, both parties tend to be more focused on reaching agreement. The next hearing date concentrates minds.
• Be open to pausing court proceedings if mediation is progressing. Courts can adjourn proceedings by consent if mediation is actively underway. Your solicitor can make this application if appropriate.

How London Mediation Service Supports This Approach

London Mediation Service is part of the Mediate UK network, which means we are well-placed to work alongside families who are managing both court proceedings and mediation at the same time. We offer MIAM appointments and joint mediation sessions at our offices in Waterloo, St Pancras, and Sutton, as well as online.

All of our mediators are accredited by the Family Mediation Council (FMC), which means your MIAM certificate will be accepted by all London family courts. We understand the pressures of family court timelines in London and aim to offer appointment availability that fits around them.

If you are considering the two-pronged approach and want to understand how mediation might fit into your situation, a free 15-minute consultation is a good place to start. There is no obligation to proceed.

Frequently Asked Questions