Mediation and Court Proceedings 
Many people regard court as their only option in family disputes. Very few people realise however that many court disputes settle without a Judge making a final decision. Parties involved in court proceedings are encouraged to attempt to agree the issue both prior to and during any court dispute.
There is a requirement for anyone wishing to issue a court application for financial or children disputes to attend an initial meeting with a Mediator called a “MIAM” (unless an exemption applies). This is an initial meeting on your own with the Mediator to explore how Mediation works and for the Mediator to consider whether Mediation would be suitable. If both parties decide to attempt Mediation, a joint session is then arranged. If Mediation does not take place or is unsuccessful, the Mediator signs a form which has to be sent to court when an application is issued.
This isn’t however the end of the line for Mediation. Since April 2024 and update to the Family Procedure Rules has been operational. Those involved in court proceedings now have to consider NCDR (Non Court Dispute Resolution) throughout the court process. Prior to any court hearing both parties have to complete and send to court a form called an FM5 detailing any attempts to engage in NCDR (including Mediation) and if not, why not. The court has the power to order the parties to reconsider their stance in relation to NCDR. The court can also consider whether one party’s position in relation to NCDR can have an impact on whether they should pay a contribution towards the other party’s costs. Whilst the court cannot force you to attend Mediation (as attendance is voluntary) it is clear that where it is safe and appropriate to do so, the court will expect parties to a dispute to make real attempts to resolve matters using NCDR.
At Sills & Betteridge, our Mediators can assist you regardless of the stage you have reached in court proceedings. Mediation can help you find a solution whilst allowing you to retain a degree of control over the outcome.
Mediation and Court Proceedings
Many people regard court as their only option in family disputes. Very few people realise however that many court disputes settle without a Judge making a final decision. Parties involved in court proceedings are encouraged to attempt to agree the issue both prior to and during any court dispute.
There is a requirement for anyone wishing to issue a court application for financial or children disputes to attend an initial meeting with a Mediator called a “MIAM” (unless an exemption applies). This is an initial meeting on your own with the Mediator to explore how Mediation works and for the Mediator to consider whether Mediation would be suitable. If both parties decide to attempt Mediation, a joint session is then arranged. If Mediation does not take place or is unsuccessful, the Mediator signs a form which has to be sent to court when an application is issued.
This isn’t however the end of the line for Mediation. Since April 2024 and update to the Family Procedure Rules has been operational. Those involved in court proceedings now have to consider NCDR (Non Court Dispute Resolution) throughout the court process. Prior to any court hearing both parties have to complete and send to court a form called an FM5 detailing any attempts to engage in NCDR (including Mediation) and if not, why not. The court has the power to order the parties to reconsider their stance in relation to NCDR. The court can also consider whether one party’s position in relation to NCDR can have an impact on whether they should pay a contribution towards the other party’s costs. Whilst the court cannot force you to attend Mediation (as attendance is voluntary) it is clear that where it is safe and appropriate to do so, the court will expect parties to a dispute to make real attempts to resolve matters using NCDR.
At Sills & Betteridge, our Mediators can assist you regardless of the stage you have reached in court proceedings. Mediation can help you find a solution whilst allowing you to retain a degree of control over the outcome.