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Form A accepted without mediation?

  • SilverFir
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08 Sep 12 #354690 by SilverFir
Topic started by SilverFir
STBX contacted a mediator earlier this year, but I declined to attend on the basis that we had already negotiated for three years (directly and via solicitors) and he had refused to sign numerous different agreements, so I saw no benefit in non-legally-binding mediation. The mediator was happy and said he''d issue my Ex with an FM1.

Time has moved on and STBX has done absolutely nothing, so I thought I would try my luck with my court at getting things moving from my end. I submitted Form A, and accompanied it with my own FM1 hform - completing Part 4 to explain the above situation and my reasons for declining. I also attached my correspondence with the mediator.

Financial proceedings are going ahead, the court has responded with a date for a First Appointment etc.

Question - does this mean that the court has accepted my FM1? Or can it still be questioned by the judge at the first appointment, and proceedings effectively be thrown out?

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09 Sep 12 #354713 by SilverFir
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I''ve looked in Roger Bird''s book, and he is sitting on the fence on this issue. He notes that the FA Judge could refer both parties to mediation, but comments that he doesn''t know how much this might happen.

As the FM1/MIAM rules have now been in place for a while, does anybody have knowledge/experience of whether courts are referring people back for mediation?

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09 Sep 12 #354714 by dukey
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If you have a date for FDA ect court have accepted the FM1.

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09 Sep 12 #354803 by SilverFir
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Thanks Dukey (seems a common refrain from me these days!

I was hoping that would be the case but didn''t want to count chickens ... WOOOOOOHOOOOOOO financial proceedings are underway!!!

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