The new Family Mediation Information and Assessment Form FM1 will be compulsory in all proceedings (with some exceptions) in connection with family proceedings to which the Practice Direction 3A applies. For details of Practice Direction 3A of the new Pre-Action Protocol in Divorce and Mediation see here. When issuing proceedings the form should be completed in accordance with the protocol and filed with any application made to the court.
The form must be completed and signed by the mediator, and counter-signed by your solicitor or the applicant, where either:
- The Applicant/Petitioner has attended a MIAM (part 1 of the form); or
- The Applicant/Petitioner has not attended a MIAM (Part 2 of the form) and
- The mediator is satisfied that mediation is not suitable because another party to the dispute is unwilling to attend a MIAM and consider mediation; or
- The mediator determines the case is not suitable for a MIAM; or
- A mediator has made a determination within the previous four months that the case is not suitable for a MIAM or for mediation.
In all other circumstances, the form must be completed and signed by the solicitor or the Applicant/Petitioner.