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Rule 3.9 Conduct of MIAMsF1

(1)

Only an authorised family mediator may conduct a MIAM.

(2)

At the MIAM, the authorised family mediator must—

(a)

provide information about the principles, process and different models of mediation, and information about other methods of non-court dispute resolution;

(F2b)

consider and explain the potential benefits of mediation and other methods of non-court dispute resolution as a means of resolving the dispute;

(c)

assess whether there has been, or is a risk of, domestic F3abuse;

(d)

assess whether there has been, or is a risk of, harm by a prospective party to a child that would be a subject of the F4application;

(F5e)

indicate to those attending the MIAM which form, or forms, of non-court dispute resolution may be most suitable as a means of resolving the dispute, and why; and

(f)

where sub-paragraph (e) applies, provide information to those attending the MIAM about how to proceed with the form, or forms, of non-court dispute resolution in question.

Annotations

Textual amendments

F1

Pt. 3 substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 5

F2

Rule 3.9(2)(b) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 13(a)

F3

Word in rule 3.9(2)(c) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 13(b)

F4

Word in rule 3.9(2)(d) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 13(c)

F5

Rule 3.9(2)(e)(f) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 13(d)