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No mediation B4 date fixed 4 financial hearing ?

  • div3
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30 Sep 12 #358592 by div3
Topic started by div3
I have never been given an opportunity for mediation before the court issued and fixed a date for the 1st appointment for my wife''s Application for a Financial Order in Divorce proceedings.


I understand that before a financial application can be made to the court, the parties have to go through a mediation process [ unless they were exempted in specified circumstances which do not apply to us].

On the FORM A ,signed by his solicitor [ supposedly mediator trained but in reality a rottweiler] , my H has answered "YES" to the question ''Have you attended a mediation information/ assessment meeting as suggested in the Pre-action Protocol and/or attached Form FM1''

The form FM1 was NOT attached and I have NEVER been contacted by a mediator!

Can anyone tell me

1. Should the FM1 been served on me so i can see what,if anything, the mediator wrote and what if any attempts were made to contact me or reasons given why mediation was considered inappropriate? O/W How can I get a copy? My wife''s solicitor rarely replies to correspondence.

2. How can I stop the hearing and delay the obligation to file various documents and insist that a mediation be attempted first ? It might help- at least limit /define the issues and get my wife away from her Rottweiler/fee hungry solicitor!

3. I would like to also issue my own application for ancillary relief? Can i do this w/o going through a mediation meeting? If both her and my applications proceed at the same time - can I insist on mediation first?

4. Can anyone recommend a mediator in London who understands small businesses?

All and any advice on what to do would be appreciated.

Thank you

  • Elphie
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30 Sep 12 #358600 by Elphie
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1. Should the FM1 been served on me so i can see what,if anything, the mediator wrote and what if any attempts were made to contact me or reasons given why mediation was considered inappropriate? O/W How can I get a copy? My wife''s solicitor rarely replies to correspondence.


I don''t think the FM1 form gets sent to you. mediation isnt suitable if one party, for what ever reason, refuses to mediate, so it is possible, I believe that your stbx attended a MIAM on her own, said she wasn''t willing to mediate for x reason and obtained her FM1, which may have gone to court but not been attached to the form. I wouldn''t worry about obtaining a copy of it as whatever her reasons are (even if she has accused you of being abusive, intimidating or controlling ) they won''t count against you in AR proceedings. I do think it is strange the mediators didn''t contact you, but maybe if she was refusing, then they figured it was unnecessary.


2. How can I stop the hearing and delay the obligation to file various documents and insist that a mediation be attempted first ? It might help- at least limit /define the issues and get my wife away from her Rottweiler/fee hungry solicitor!

It really isn''t worth it, if she isn''t willing to mediate, then there is not point in delaying court proceedings to force her to mediation. Nothing agreed in mediation is binding, so after a mediation session, she would go back to her Rottweiler, get advice and change her mind on whatever had been agreed. It takes two people willing to compromise and both wanting to stay out of court for mediation to work. Your best bet is to speak to her direct and ask her if she will consider going to mediation first, and she can pause the court proceedings herself if she is willing to try mediation.

3. I would like to also issue my own application for ancillary relief? Can i do this w/o going through a mediation meeting? If both her and ;)my applications proceed at the same time - can I insist on mediation first?

Don''t do this, it is pointless and a waste of money. I''m not even sue if it is legally possible. But you are not disadvantaged in any way by being the respondent rather than the Petitioner, both have to provide exactly the same documents and who started the proceedings does not, in any way, affect the outcomes.

4. Can anyone recommend a mediator in London who understands small

Use google, lots of mediators have websites. I don''t think it matters what understanding they have of small businesses as they don''t give any advise to you on how you should settle, they just facilitate your discussions to help you stay on topic ( and not get side tracked by who last paid for the cat''s annual injections ;)) and not turn into an arguement. But if you google, you can always ring them to discuss your concerns about what understanding they have of your situation.

  • Serendipity100
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30 Sep 12 #358652 by Serendipity100
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The FM1 would have had to have been submitted with the Form A. And yes, there are grounds by which only one party need attend a MIAM. And yes, either party can apply for AR, after submission of D8, but your wife beat you to it. As Elphie just said, makes no difference in the long run: ( except re actual costs of the divorce petition on grounds of UB or Adultery but as you realise, AR and Divorce - two seperate procedures. Just a question as to who is in the driving seat. Hope this helps.

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