Inspiring separating couples to make their own informed decisions

Posts tagged ‘Mediation’

New Year Blues – Divorce Day

The first working day back in the New Year is classed as ‘Divorce Day’ by most lawyers. Usually after the festive season those couples who have kept it together for the sake of their children or simply to avoid the stress of a breakup during what should be happy times, make the decision that something needs to be done to end the façade and on going struggles/misery by taking formal steps to end their relationship.

It takes a lot of courage and a strong person to take this bold step but with the right advice and support unhappy couples can make the right decisions about where their relationship is going. Unhappy relationships don’t have to end in Divorce/separation – sometimes all that is needed is  time apart to allow you and your partner the time and space to reflect upon what the real issues are in your relationship. Can they be resolved with professional help and support? Visit the useful links  page for information an agencies such as Relate that may be able to help.

If there is no third-party involvement by either party and no serious issues about the safety or welfare of either party or any child/ren of the family then in some cases the answer maybe to have counselling, therapy, coaching through professionals trained to help couples in such circumstances – to help you get back on track to re-kindle your love and admiration for each other. There are no quick fixes and both you and your partner would have to be committed to this process to have a good chance of succeeding in a reconciliation.

However, sadly in a lot cases you and your partner will have reached the point of no return and therefore serious consideration will need to be given to formalising your separation. The Government is encouraging separating couples to consider family mediation as their first port of call to avoid protracted Court proceedings and the added stress and costs of the traditional Court based approach. Read the related articles below.

Where a case is suitable for mediation, I would strongly recommend that you and your partner at least keep an open mind about the out of Court option and give family mediation a fair go. You have nothing to lose and everything to gain.

New FM1 Form For MIAM’s

The Ministry of Justice (MoJ) has issued the following press release regarding the new FM1 form for MIAM’s.

The MoJ anticipates that the press release will highlight the wider plans to reform the family justice system, which encourages more people to consider mediation and other types of out of court resolution.

Having considered the new form, whist it has the benefit of giving additional information about mediation, for completing the form and on sources of help (on pages 4 & 5), the wording in some parts of the form could have been written better for people to understand.

Press Release

On 1 December 2012 the Ministry of Justice is launching a new version of the Family Mediation Information and Assessment Form (FM1).  The form should be completed by anyone applying to the Courts for assistance in resolving a dispute about parenting or finances following relationship breakdown.

This requirement forms part of the Pre-Application Protocol for Private Law Proceedings, issued by the President of the Family Division in April 2011. This asks that parties involved in disputes of this nature attend a Mediation Information Assessment Meeting (MIAM) to learn about mediation before making an application to the Courts.

A Self-Represented Litigant, their legal representative, or an accredited family mediator trained to carry out a MIAM, must sign the relevant section(s) of the form confirming that either an exemption applies, mediation is not suitable or mediation was attempted but failed. The form should be filed at court on application.

Legal and mediation practitioners are reminded of the need to advise their clients – potential applicants and respondents – of the current requirements.

The new version of form FM1 will be available on the HMCTS Form Finder from 1 December 2012.

To support the launch of the revised form, Guidance for HMCTS has been provided to assist court officers in processing private law applications and to provide advice on what to do if an applicant has not completed form FM1. While there is at present no legal requirement to file form FM1 on application we anticipate a more robust approach across the Courts in implementing the requirements of the Pre-Application Protocol. 

Changes to form FM1

Changes to the form include highlighting the requirement for Part 2 of the form to be signed off by an accredited mediator, one who is affiliated to one of the Member Organisations of the Family Mediation Council and trained to carry out MIAMs. This will, we believe, help to direct potential clients to quality mediation services.

The Form also now includes notes and information about mediation, for the benefit of Self-Representing Parties. Links are included to the Family Mediation Service Finder, legal aid information and the recently launched Sorting Out Separation web app.

Background

Changes to the form have been brought about following collaboration between the Ministry and the Family Mediation Steering Group, HMCTS and the Family Procedure Rule Committee.

The primary aim of the changes is to encourage more people to consider mediation and other types of out of court resolution. This comes as part of wider plans to reform the family justice system, following the Family Justice Review which concluded in November 2011.

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