LEGAL EAGLE: Do I go to court if my partner is not pressing the charge?

By The Newsroom
Published 25th Jan 2022, 00:00 BST
Unfortunately whether this case continues is out of your partner’s hands.Unfortunately whether this case continues is out of your partner’s hands.
Unfortunately whether this case continues is out of your partner’s hands.
I was at home with my partner and we were drinking. We got into an argument and things got a bit heated. The police were called by a neighbour and I was arrested and charged with assault. I have been given a court date but my partner doesn’t want to press charges. Does this mean I don’t have to go to court?

This Family Mediation Week 17 -21 January 2022 we are raising awareness of family mediation and its benefits to separating families.

What is mediation?

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Mediation is a structured, interactive process where an impartial third party assists parties in resolving conflict out of the court arena.

What does mediation cover?

Child arrangements or child support.

Property division or debts.

Financial consequences of your divorce.

Is mediation legally binding?

Any arrangement reached during the mediation process is recorded in a Memorandum of Understanding. However, it is not legally binding but the agreement can be incorporated into a formal court order to be so.

Can I refuse to mediate?

Mediation is a voluntary process.

In most cases, it is a legal requirement to consider mediation before you can make a court application.

What is the process?

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Mediation starts with a meeting between you and the mediator. This is followed by a number of sessions with the parties together or separately.

Costs?

A MIAM costs approximately £100. A session is approximately £100 - £140.

Benefits?

Improves communication.

Minimises conflict.

You make the decisions.

Confidential.

Cheaper and quicker than court.

Convenient/Flexible

Are children involved?

Yes, if you and your child agree to it.

Get in touch

Here in the Private Family Law Team at Tilly Bailey & Irvine each lawyer is a member of Resolution which is an organisation that promotes a non-adversarial approach. We are happy to discuss alternative means of dispute resolution such as mediation where possible. It is always sensible, however, to take legal advice to explore options and once you have a Memorandum of Understanding, the mediators will advise you to take legal advice to ensure that the terms can be enforceable if to be incorporated in to a formal court order.