Form FM5

A ‘Statement of position on non-court dispute resolution’, also called a Form FM5, is required in contested financial remedy proceedings to outline parties’ engagement with non-court dispute resolution (NCDR), except in cases involving domestic abuse.

Miams and form fm5

Under Part 3 of the Family Procedure Rules 2010, the court is obliged to consider and encourage non-court dispute resolution (NCDR), also called alternative dispute resolution (ADR), at every stage of financial remedy proceedings. In determining whether NCDR is appropriate, the court must consider whether: 

1. A mediation information and assessment meeting (MIAM) took place 

2. A valid MIAM exemption or mediator’s exemption was confirmed 

3. The parties attempted NCDR, and if so, what the outcome was 

From April 2024, the new Form FM5 must be completed by parties in private family law proceedings, except where a valid exemption applies, such as if you have evidence of domestic abuse. In this form, parties must set out their views on engaging with NCDR. This must be filed and served at least 7 days before the initial ‘on notice’ hearing, and the court may direct for further submissions before subsequent hearings.  

Parties must confirm whether they have attended NCDR, and if so, what kind (e.g. arbitration or mediation) and details such as the dates of appointments attended and the NCDR provider. Parties will be asked to explain why they are seeking a court order and why NCDR was not the right way to resolve their case, whether they attended NCDR or not.  

This reflects the court’s expectation that parties attempt to resolve their disputes outside the court process where possible. As set out by Mrs Justice Knowles in the recent case Re X (Financial Remedy: Non-Court Dispute Resolution) [2024] EWHC 538 (Fam): 

“understand the court’s expectation that a serious effort must be made to resolve their differences before they issue court proceedings and, thereafter, at any stage of the proceedings where this might be appropriate. Furthermore, I want to signal that, at all stages of the proceedings, the court will be active in considering whether non-court dispute resolution is suitable.” 

If you are considering or going through a divorce and require assistance in completing a Form FM5, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.   

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