Form FM5 ======== A ['Statement of position on non-court dispute resolution'](https://assets.publishing.service.gov.uk/media/662fafc68cf6065df2e3cba4/FM5_0424.pdf), also called a Form FM5, is required in contested financial remedy proceedings to outline parties' engagement with [non-court dispute resolution (NCDR)](https://vardags.com/law-guide/financial-proceedings/alternative-dispute-resolution), except in cases involving domestic abuse. Miams and form fm5 ------------------ Under [Part 3 of the Family Procedure Rules 2010](https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_03), the court is obliged to consider and encourage non-court dispute resolution (NCDR), also called [alternative dispute resolution (ADR)](https://vardags.com/law-guide/financial-proceedings/alternative-dispute-resolution), 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](https://apply-to-court-about-child-arrangements.service.justice.gov.uk/about/miam_exemptions) 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](https://vardags.com/law-guide/financial-proceedings/first-directions-appointment), 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](https://vardags.com/law-guide/financial-proceedings/arbitration) or [mediation](https://vardags.com/law-guide/financial-proceedings/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)](https://www.bailii.org/ew/cases/EWHC/Fam/2024/538.html): > *"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.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Guides -------------- [Alternative & non-court dispute resolution](https://vardags.com/law-guide/financial-proceedings/alternative-dispute-resolution "Alternative & non-court dispute resolution") [Form A](https://vardags.com/law-guide/financial-proceedings/form-a "Form A") [Form B](https://vardags.com/law-guide/financial-proceedings/form-b "Form B") [Form C](https://vardags.com/law-guide/financial-proceedings/form-c "Form C") [Form D11 Interim Order Application](https://vardags.com/law-guide/financial-proceedings/form-d11-applying-for-an-interim-order "Form D11 Interim Order Application") [Form E Explained: Financial Disclosure in Divorce](https://vardags.com/law-guide/financial-proceedings/form-e "Form E Explained: Financial Disclosure in Divorce") [Form H](https://vardags.com/law-guide/financial-proceedings/form-h "Form H") The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.