The spotlight on mediation is more than just a bureaucratic step, it’s about protecting families, especially children, from prolonged stress, rising legal costs, and unnecessary conflict.

The new FM5 form cements this shift, requiring most people applying to court for family matters to explain their efforts (or inability) to resolve issues out of court.

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What is Family Mediation and Why Is It Preferred?

Family mediation is a process where a trained, impartial mediator helps separating couples resolve disputes, such as child arrangements or finances, without having to litigate in court. Couples attend a Mediation Information and Assessment Meeting (MIAM) to first assess if mediation could help. Here’s why using mediation first is now strongly encouraged:

• Faster and Cheaper
  
   
  • Mediation resolves issues in weeks, not months or years, and is almost always less expensive than court.
 
• Less Stressful
  
   
  • It is less adversarial. Communication often improves, and the process helps preserve parenting relationships, benefitting children

• Gives You Control
  
   
  • You and your ex-partner make decisions, rather than having them imposed by a judge.
 
• Confidential and Flexible
  
   
  • Mediation is private. Arrangements can be changed by agreement as circumstances evolve, especially as children grow

• Better Outcomes for Children
  
   
  • Research and experience show children do better when parents cooperate and avoid “winner/loser” dynamics found in court battles.

Required by Law

 
• Except in cases involving domestic abuse or other serious risks, you must at least attend a MIAM before applying to court.
 

The FM5 form (Statement of Position on Non-Court Dispute Resolution) is key now to the court process:

• What  is the FM5 Form?
  
   
  • Since 29 April 2024, all applicants in private family law cases (like arrangements for children or finances) must complete this form before the first hearing.
   
  • It asks you to detail your efforts to resolve matters out of court and which forms of mediation, arbitration, or other non-court dispute resolution (NCDR) have you tried? If you haven’t, why not?
   
  • If you have attended NCDR and are still applying for an order, you must explain why those attempts didn’t work.
• Why Does It Matter?
  
   
  • The form requires genuine engagement with NCDR and failing to do so can result in the court delaying your case, or in some situations, making cost orders against you.
   
  • Judges can require an FM5 form to be completed at various stages, not just at the beginning, and can adjourn proceedings for further mediation or other      NCDR.
   
  • It’s not just a box-ticking exercise, clear, reasoned explanations are required if you wish to skip mediation.

How to Complete the FM5 Form

• Be Specific: Clearly outline what NCDR options you tried and why you believe court is now needed.
• Know the Exemptions: If mediation is unsafe (e.g., due to domestic abuse), explain your circumstances with evidence.
• Expect Further Questions: The court may ask for more detail if your explanation is not satisfactory.

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Final Thoughts

Mediation is promoted because it saves families time, money, and stress. The FM5 form is the court’s way to ensure all parties take these opportunities seriously before litigation. Think of it less as a hurdle, and more as a gateway to a better, less destructive way of resolving family conflict in 2025 and beyond.

If you would like to know more about how family mediation can help you or someone you know book a free call via our website or email us at hello@familymandm.co.uk You can also call us on 0800 206 2258.

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