On the 29th April 2024 there were changes implemented to the Family Procedure Rules regarding Non Court Dispute Resolution. What do you need to know?
It has been the case for a number of years that people should attempt mediation, if appropriate, prior to issuing family court proceedings. The exemptions relate to cases involving domestic abuse, urgency and protection of children. The new rules now take this further. The court wants to see that you have attempted mediation, arbitration, evaluation by a neural 3rd party and or collaborative Law. In respect of financial proceedings the new rules propose a private financial dispute resolution hearing to see if matters can be concluded without the need for court hearings and further intervention.
It was the case, previously, that if mediation was not successful or appropriate the mediator would provide a MIAM certificate, signed and setting out the reasons why. Now, it is necessary for you, the party to the proceedings, to complete and file an FM5 form which sets out what attempts to resolve matters you have tried; what was successful and not successful; why you have not tried to resolve matters prior to issuing your application; why court proceedings are justified and necessary. This form must be filed at the court and on the other party 7 days prior to the court hearing date.
The FM5 is the main thing to remember for people representing themselves and needing the assistance of the court. If you are unsure as to what to do or how to complete your application and now the FM5 please contact us and we can support and assist you.