The Courts recognise that parents are generally best placed to know what is in their children's interests and are encouraging parents to work this out together, with the assistance of a qualified mediator. They and we acknowledge that mediation is not suitable in every case but for the vast majority it represents an opportunity for you to find the solution that best fits your individual circumstances.
From 6th April 2011 anyone applying to the Courts for assistance in resolving a dispute about parenting or finances following relationship breakdown will have to comply with the Pre-Application Protocol which requires parties to attend a meeting to learn about mediation.
Before applying to Court parties will have to attend a meeting with a mediator who will explain the process and benefits of mediation in the context of your individual circumstances. They will discuss with you whether mediation can be of benefit in your case. They will assess you for eligibility for public funding (Legal Aid) and if you do not qualify will make you aware of the costs of mediation.
If you both agree to try mediation an appointment will be made for you to attend together at a convenient time and place.
For more details about what mediation involves, see Why Mediate, About Mediation, or How Mediation Works pages
Anyone who does not attend a Mediation Information and Assessment Meeting will have to provide a completed FM1 form to the Courts. This form can only be completed by a qualified mediator or by a solicitor (in certain circumstances). A small charge will be made for completion of this form.
Someone who (or whose solicitor) already holds a current CLSAPP7 Form and can confirm that they have had a face-to-face meeting with a mediator does not need to attend a Mediation Information and Assessment Meeting or require an FM1 form. However if a meeting with a mediator did not take place before the CLSAPP7 was issued you will be required to attend one before proceeding to court or obtaining your FM1 form.
"could not think that the adversarial system improved parents' relationship with each other or their relationship as mother and father of their children"
House of Commons' Justice Committee Enquiry
