Form FM5 Explained: Your Statement on Settling Outside Court

By Garry SteedmanPublished 16 September 2026Updated 25 September 202611 mins read9 sections

Part of: Your First Family Court Hearing

Form FM5 is the “statement of position on non-court dispute resolution”: a form the family court in England and Wales can order each party to file, setting out whether you’ve engaged in mediation, arbitration, collaborative law or another form of non-court dispute resolution (NCDR), and why not if you haven’t. It has applied since 29 April 2024, under Family Procedure Rules (FPR) 2010, rule 3.3, following amendments made by the Family Procedure (Amendment No. 2) Rules 2023. Each party must normally file and serve it at least 7 days before the relevant hearing, which is usually your first family court hearing.

This guide covers England and Wales only. It explains what the form asks, when it is due and what the court does with your answers.

Reviewed by: Iblal Iqbal, Partner & Family Law Strategist, Kabir Family Law

What is Form FM5?

Form FM5 is the “Statement of Position on Non-Court Dispute Resolution”, a short form published by HM Courts & Tribunals Service on GOV.UK. It became part of the rules from 29 April 2024. That is when amendments to FPR 2010 rule 3.3 gave the family court power to order a party to file and serve a form setting out their views on using non-court dispute resolution to resolve the matters raised in the proceedings. Practice Direction 3A explains how that works, alongside a court duty to consider NCDR “at every stage in proceedings” (rule 3.3(1)).

NCDR covers mediation, arbitration, collaborative law, and neutral evaluation. In the rules’ own words, it means “methods of resolving a dispute other than through the court process” (FPR 2010, rule 2.3). On the form, you confirm your name and case details, then say either:

• what NCDR you’ve attended in relation to the current dispute, with the provider’s name and the dates, and why it didn’t resolve everything despite that, or
• why you haven’t attended NCDR, if you haven’t.

The form ends with a declaration, verified by a statement of truth. Getting it wrong isn’t a paperwork slip: the form warns that anyone who makes a false statement without an honest belief in its truth can face proceedings for contempt of court.

Which cases need an FM5 form?

Practice Direction 3A sets out two types of case where the standard procedure applies. In any other family case, the court can still ask for the form under rule 3.3(1A). Where you send it depends on the type of case, and page 6 of the form gives the details.

When must Form FM5 be filed?

At least 7 days before the hearing the court has directed it for. Practice Direction 3A counts back from the first hearing held on notice to all parties. The court can set another period. The form’s own instructions ask for 7 working days, which is the earlier date. In practice, that’s usually the first hearing in the case:

• in private law children proceedings, the FHDRA (First Hearing Dispute Resolution Appointment)
• in contested financial remedy proceedings, the First Appointment (FDA)

The court can also direct you to file the form again before a later hearing, if it wants an updated position. Both parties normally file their own form. It isn’t joint: the applicant and the respondent must each complete their own copy.

1. Find the hearing date. It is on the notice of hearing the court sends you.
2. Count back seven working days. Weekends and bank holidays do not count, so the real cut-off is often nearly a fortnight earlier.
3. Send it to the court and to the other party. Both steps matter, because the rule is to file and to serve.

You file the form once proceedings are underway. It asks a different, and broader, question than the meeting you may have had before applying. The question is not just whether you went to an information meeting, but whether you’ve actually engaged in NCDR itself.

What counts as non-court dispute resolution for FM5?

NCDR is defined broadly, and the form’s tick boxes include:

• mediation
• arbitration
• collaborative law (where both parties and their advisers commit to negotiating without going to court)
• neutral evaluation, sometimes called early neutral evaluation, where an independent third party gives a non-binding view on likely outcomes. A private FDR (financial dispute resolution) is one example.
• any other method, which you name in the “Other” box

What it does not include is simply attending a MIAM (Mediation Information and Assessment Meeting), which you usually need before applying to court (Children and Families Act 2014, section 10). The MIAM is an assessment meeting where a mediator explores whether NCDR is suitable. It’s a gateway, not the process itself.

If you did attend NCDR, keep your answer to the facts. Note 3.3 on the form says you should not give details of confidential discussions, because those stay private between you, the other party and the provider. Our comparison of family arbitration and mediation explains how those two routes differ.

What happens if you don’t file the form, or don’t engage with NCDR?

The court’s duty to consider NCDR runs through the whole case, not just at the outset (FPR r.3.3(1) and PD3A). The rules don’t give the court power to make you attend NCDR (paragraph 10A). Even so, if a party hasn’t engaged with NCDR and the form doesn’t show a good reason, two consequences can follow in practice:

1. The court can adjourn the proceedings to allow time for NCDR to be attempted, using its general powers case by case (paragraph 10D).
2. In financial remedy proceedings, costs can follow. A failure to attend NCDR without good reason creates a real risk that the court takes that conduct into account when deciding who pays the costs of the case (rule 28.3(7)(aa)).

Neither consequence is automatic, and the form itself has no fee section. What it does is force an honest, written, statement-of-truth-verified answer to a question the court is going to ask you about anyway. Where the court has allowed time for NCDR, a failure to attend “will not affect any substantive decision the court makes in the proceedings” (paragraph 10E). It can still count on costs, though. Our guide to the costs of unreasonable conduct explains how those arguments usually run.

Are there exemptions?

Yes. Cases involving domestic abuse are treated differently under the NCDR framework generally. Mediation and similar processes may not be appropriate where there’s a power imbalance or safety risk. In private law children proceedings, the standard procedure does not apply where the applicant claimed a MIAM exemption on the basis of domestic abuse. The same goes where a Form C1A (allegations of harm and domestic abuse) has been filed (Practice Direction 3A, paragraph 10B(b)).

The court can still ask for a form in any case. If domestic abuse is in issue in your case, the position on the form, and whether NCDR is appropriate at all, needs to reflect that. Our guide to domestic abuse and child contact explains how courts approach safety. This is a specific area where you should get individual guidance and assistance rather than rely on a general explanation.

Frequently asked questions

Do I have to file the form myself?

Not always. Whoever is conducting your case files it on your instructions. The statement of truth also has a box for someone you have authorised to sign. But the statement of truth means the content has to reflect your actual position, not a template answer.

Is there a fee to file Form FM5?

No fee applies to the form itself. It’s a procedural form within proceedings you’ve already issued (or been served in), not a new application with its own fee.

What if the other party refuses to engage with NCDR?

You still file your own form setting out your own position honestly. Their refusal, and the reasons they give (or don’t), is a matter the court weighs when it decides whether NCDR is appropriate and, later, whether costs should follow.

Does an information meeting with a mediator count as NCDR?

No. A MIAM is an information and assessment meeting about whether NCDR is suitable. It isn’t NCDR itself. If all you’ve done is attend a MIAM, your form needs to say that, and explain your position on the NCDR question separately.

When did Form FM5 come in?

From 29 April 2024, following amendments to FPR 2010 rule 3.3. HMCTS published the form on GOV.UK on that date too.

Is FM5 required in every family case?

It’s required where the court has directed it. The standard procedure covers financial remedy proceedings where the MIAM requirement applies. It also covers private law children proceedings on the online system, subject to the domestic abuse position above.

Filing Form FM5 and not sure what to put on it? Get advice before your 7-day deadline

Getting your NCDR position wrong on the form, by understating what you’ve tried or giving a reason for not engaging that doesn’t hold up, can affect both how quickly your case moves and what it costs you. If you’ve got a hearing coming up and a form to file, book a free initial consultation with Kabir Family Law before your 7-day deadline arrives. One of our specialists gives you initial advice tailored to your circumstances. You can also read more about preparing for your first family court hearing.

This article explains general court procedure under the Family Procedure Rules 2010 and does not constitute legal advice and assistance for your individual circumstances.

Expert Tip

We are commonly asked whether it is safer to keep the “why” box short or leave it blank. It is not. A blank box tells the judge nothing in your favour, and your reasons can matter later if costs are argued. Write two or three plain sentences about what you tried, what changed and why a court order is still needed. Then send it early, because the form asks for 7 working days, not 7 calendar days.

Garry Steedman, Family Law Consultant (Divorce, Children & TOLATA)