Form FM5, “Statement of position on non-court dispute resolution”, is the form on which a party to family proceedings in England and Wales tells the court whether they have tried mediation, arbitration, neutral evaluation or collaborative law to resolve the dispute and, if not, why they are asking the court to decide it instead.[1][2] Form FM5 was introduced on 29 April 2024 under rule 3.3(1A) of the Family Procedure Rules 2010, which allows the court to require a party to file “a form setting out their views on using non-court dispute resolution as a means of resolving the matters raised in the proceedings”.[3][4]
Practice Direction 3A applies the form in financial remedy proceedings and in private law children proceedings progressing on the online system, in each case where the MIAM requirement applies, and requires it to be filed and served “at least 7 days before the first hearing in the proceedings which is held on notice to all parties”.[5] The form is short, carries no fee and is verified by a statement of truth.[2] Form FM5 gives the court the information it needs to perform its duty under rule 3.3(1) to consider non-court dispute resolution at every stage, and what a party says on it can be relevant to costs.[3][6]
Definition and purpose
Form FM5 is one of the “FM” series of family forms concerned with mediation and non-court dispute resolution; Form FM1 is the mediator’s confirmation of attendance at a MIAM, and the FM5 is the party’s own statement, made once proceedings are under way, about non-court dispute resolution (NCDR).[1] NCDR is defined in rule 2.3 of the Family Procedure Rules as “methods of resolving a dispute other than through the court process, including but not limited to mediation, arbitration, evaluation by a neutral third party (such as a private Financial Dispute Resolution process) and collaborative law”.[7]
The form serves the court rather than the parties. Practice Direction 3A explains that “the court will want to know the parties’ views on using non-court dispute resolution as a way of resolving matters” and that the FM5 procedure exists “to enable the court to obtain that information”.[5] The Practice Direction also records that the Rules “do not give the court the power to require parties to attend non-court dispute resolution”; the FM5 does not change that.[5] It is a statement of position, not an application, and it does not itself lead to any order. The wider rules on the court’s duty and powers are on non-court dispute resolution and FPR Part 3.
Legal basis
Rule 3.3(1A) of the Family Procedure Rules 2010 provides: “When the court requires, a party must file with the court and serve on all other parties, in the time period specified by the court, a form setting out their views on using non-court dispute resolution as a means of resolving the matters raised in the proceedings.”[3] The paragraph was inserted by rule 6 of the Family Procedure (Amendment No. 2) Rules 2023, made on 30 November 2023 and in force from 29 April 2024.[4]
The rule leaves the form, the cases and the timing to Practice Direction 3A. Paragraph 10B identifies the proceedings in which the procedure applies; paragraph 10C sets out the obligation to file “a standard form setting out their views on using non-court dispute resolution” and the time for doing so; and paragraph 10D reminds the court that gaps between hearings may be used for NCDR.[5] The standard form is the FM5, published by HM Courts and Tribunals Service on 29 April 2024 in English and Welsh.[1]
Who must file an FM5
Under paragraph 10B of Practice Direction 3A the FM5 procedure applies in two classes of case: “(a) proceedings for a financial remedy in which the MIAM requirement applies”, and “(b) private law proceedings relating to children in which the MIAM requirement applies where those proceedings are progressing on the online system referred to in Practice Direction 36ZD”.[5] In the children category the procedure does not apply if the applicant claimed a MIAM exemption on the ground of domestic abuse or a Form C1A alleging harm or domestic abuse has been filed.[5] Where the procedure applies, “each party” must file and serve the form; the obligation falls on applicant and respondent alike.[5]
Outside those two classes the court may still require a form of views under rule 3.3(1A) itself, since the rule applies “when the court requires” without limitation, and judges may direct an FM5 in any case where they consider it useful.[3] Applications for a consent order, and proceedings to which the MIAM requirement does not apply, fall outside the automatic procedure.[5] The Financial Remedies Guide 2026 lists “a completed FM5” among the documents to be filed before the first appointment in the Financial Remedies Court.[8]
Timing
Practice Direction 3A, paragraph 10C(a), requires each party to file and serve the form “at least 7 days before the first hearing in the proceedings which is held on notice to all parties, or within such other period before that hearing as the court may direct”.[5] The front of the form itself states that it must be “completed and returned to the court at least 7 working days before your first hearing or appointment in court”, with a copy sent to the other party.[2] The two documents therefore differ: the Practice Direction says seven days and the form says seven working days. A party who files seven working days in advance complies with both; a party who relies on seven calendar days complies with the Practice Direction but not with the instruction printed on the form.
Where the court requires it, paragraph 10C(b) provides for an updated form before any later hearing, again “at least 7 days before a subsequent hearing” or within such other period as the court directs; the form makes the same provision for updated statements.[5][2] In private law children proceedings the first hearing on notice is ordinarily the First Hearing Dispute Resolution Appointment; in financial remedy proceedings it is the first appointment, for which the Financial Remedies Guide 2026 states the FM5 must be filed “not less than 7 days before the hearing”.[8] A court may set a different period by direction in any case.
Contents of the form
The current form, version FM5 (04.24), runs to six pages.[1] It opens with the case number and the names of the applicant and respondent, then proceeds by way of routed questions.[2]
| Section | Question | Notes |
|---|---|---|
| 1 | What is your role in the case? | Applicant or respondent[2] |
| 2 | Have you attended NCDR in relation to the dispute(s)? | Yes routes to section 3; no routes to section 4[2] |
| 3.1 | Which NCDR have you attended? | Mediation, arbitration, neutral evaluation, collaborative law or other[2] |
| 3.2 | Please provide the details of the NCDR provider | Name of the provider and the dates attended[2] |
| 3.3 | Explain why you are now seeking a court order, despite having attended NCDR | Free text[2] |
| 4.1 | Were you entitled to an exemption from the requirement to attend a MIAM? | Applicants only[2] |
| 4.2 | Explain why you are now seeking a court order despite not having attended NCDR | Free text; both parties[2] |
| Statement of truth | “I believe that the facts stated in this form are true” | Signed by the party or their legal representative; a false statement may be a contempt of court[2] |
The form does not ask a party to disclose what was said in mediation or any other confidential process, and the ordinary rules on without-prejudice communications continue to apply; it asks whether a process was attended, with whom and when, and for the party’s reasons for proceeding in court. Since 2 March 2026 the same information must also appear, where applicable, in each party’s position statement, which under Practice Direction 27A must inform the court of “the parties’ views on using non-court dispute resolution as a means of resolving the matters in dispute”.[9] In financial remedy proceedings a completed FM5 is one of the preliminary documents listed for inclusion in the court bundle.[9]
Consequences
The FM5 feeds directly into the court’s duty under rule 3.3 to consider NCDR at every stage and its power under rule 3.4 to encourage the parties to obtain information about and undertake NCDR, including by adjourning and timetabling for that purpose without the parties’ agreement.[3] A party whose FM5 discloses no good reason for declining NCDR can expect the court to raise the question at the first hearing and may be directed to attend a MIAM if an exemption was not validly claimed.[3][5] In financial remedy proceedings the court must, when deciding costs, have regard to “any failure by a party, without good reason, to attend a MIAM or attend non-court dispute resolution”, and the FM5 is the document in which the party’s reasons are recorded.[6]
Failure to file the form is a breach of the Practice Direction rather than of a rule carrying its own sanction. The court may direct that it be filed, may adjourn, and may take the omission into account as conduct. In X v Y [2024] EWHC 538 (Fam), decided a few weeks before the form came into use, Mrs Justice Knowles said that the new rules “will give an added impetus” to the court’s duty and that an unreasonable failure to engage in NCDR could justify departing from the usual position of no order as to costs.[10] Because the form is verified by a statement of truth, a knowingly false answer, for example a claim to have attended mediation that did not take place, may be dealt with as a contempt of court.[2]
In private law children proceedings there is no express costs provision equivalent to rule 28.3(7)(aa), and the practical consequence of the FM5 is that the judge at the FHDRA has each party’s stated position on mediation and other processes before the hearing begins, alongside the Cafcass safeguarding letter, and can decide whether to build time for NCDR into the timetable.[3][5]
History
| Date | Development |
|---|---|
| 23 March 2023 | The Ministry of Justice consulted on supporting earlier resolution of private family law arrangements, including whether to make mediation compulsory[11] |
| 30 November 2023 | The Family Procedure (Amendment No. 2) Rules 2023 were made, inserting rule 3.3(1A)[4] |
| 26 January 2024 | The government response rejected compulsory mediation and confirmed the rule changes, including a requirement for parties to set out their views on NCDR[11] |
| 29 April 2024 | Rule 3.3(1A), paragraphs 10A to 10D of Practice Direction 3A and Form FM5 came into force[4][5][1] |
| 8 October 2024 | The GOV.UK publication page was last updated[1] |
| 2 March 2026 | The new Practice Direction 27A listed the FM5 among the preliminary documents in financial remedy bundles and required position statements to state the parties’ views on NCDR[9] |
| 13 March 2026 | The Financial Remedies Guide 2026 confirmed that a completed FM5 is to be filed not less than seven days before the first appointment[8] |
See also
- Non-court dispute resolution and FPR Part 3 – the court’s duty and powers
- Position statement – must also state views on NCDR
- Court bundle – where the FM5 sits in financial remedy bundles
- First Hearing Dispute Resolution Appointment – the first on-notice hearing in children cases
- Financial remedy proceedings
- Form C100
- Mediation and the Family Court – the mediation-side view
- Mediation Information and Assessment Meeting
References
- Statement of position on non-court dispute resolution: Form FM5. HM Courts and Tribunals Service. published 29 April 2024, updated 8 October 2024. Accessed 5 September 2026.
- Form FM5: Statement of position on non-court dispute resolution (NCDR), version 04.24. HM Courts and Tribunals Service. April 2024. Accessed 5 September 2026.
- Family Procedure Rules 2010, Part 3: Non-court dispute resolution (rule 3.3(1A)). Ministry of Justice. Consolidated text incorporating amendments in force 29 April 2024. Accessed 5 September 2026.
- The Family Procedure (Amendment No. 2) Rules 2023, SI 2023/1324. legislation.gov.uk. Made 30 November 2023; rules 3 and 5 to 19 in force 29 April 2024. Accessed 5 September 2026.
- Practice Direction 3A: Family Mediation Information and Assessment Meetings (MIAMs), paragraphs 10A to 10D. Ministry of Justice. Accessed 5 September 2026.
- Family Procedure Rules 2010, Part 28: Costs (rule 28.3(7)(aa)). Ministry of Justice. Accessed 5 September 2026.
- Family Procedure Rules 2010, rule 2.3: Interpretation (definition of non-court dispute resolution). legislation.gov.uk. Accessed 5 September 2026.
- Financial Remedies Guide 2026. Financial Remedies Court, Courts and Tribunals Judiciary. 13 March 2026. Accessed 5 September 2026.
- Practice Direction 27A: Family Proceedings: Court Bundles. Ministry of Justice. In force 2 March 2026. Accessed 5 September 2026.
- X v Y [2024] EWHC 538 (Fam). Find Case Law, The National Archives. 8 March 2024. Accessed 5 September 2026.
- Supporting earlier resolution of private family law arrangements: government response. Ministry of Justice. 26 January 2024, updated 12 February 2024. Accessed 5 September 2026.
External links
- Form FM5 on GOV.UK – current PDF in English and Welsh
- Family Procedure Rules Part 3
- Practice Direction 3A
- Family Mediation Council: find a mediator
This article is part of Family Court Wiki, published by Family Legal Ltd. It is general information about the law of England and Wales, not legal advice. Last reviewed 6 September 2026. About this site and editorial policy · Report an error.