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Mediation forms and documents explained

Family mediation involves a small number of key documents: the MIAM certificate on your court form, an Open Financial Statement setting out both your finances, a Memorandum of Understanding recording what you agree, and a parenting plan for children. None is legally binding on its own; a consent order makes a financial agreement binding.

Court forms that need a MIAM

FormWhat it is
C100The application to the family court about children, for example a child arrangements order. You need a MIAM first. See MIAM for a C100.
Form AThe application to court for a financial order, such as dividing assets. You need a MIAM first.
MIAM certificateYour mediator completes the MIAM section of the C100 or Form A. This replaced the separate FM1 form in April 2024. It is valid for four months.

Documents mediation produces

DocumentWhat it is
Open Financial Statement (OFS)A factual summary of both of your finances, built from your disclosure and supporting documents.
Memorandum of Understanding (MOU)A summary of the financial proposals you have reached. It can be turned into a consent order.
Parenting planA written agreement about how you will share care of your children and make decisions about them.
Consent orderA court order, drafted by a solicitor and approved by a judge, that makes a financial agreement legally binding.

Key takeaways

  • Mediation documents (OFS, MOU, parenting plan) are not legally binding on their own.
  • Financial cases need full and frank disclosure, recorded in an Open Financial Statement.
  • A consent order is the way to make a financial agreement binding and prevent future claims.

Frequently asked questions

Do I need a mediation certificate to apply to court?

For most child arrangements and financial applications, yes: you must attend a MIAM first. Since April 2024 the old FM1 form has been replaced. Your mediator now completes the MIAM section of your C100 or Form A.

Can mediation documents be used in court?

The Open Financial Statement is "open" and can be used, for example to support a consent order. The Memorandum of Understanding is a confidential summary and is not a legal document unless it is turned into a consent order.

Who drafts the consent order?

A solicitor. Mediators do not draft court orders. Ark's fixed-fee legal package includes this through a partner law firm, or you can use a solicitor of your choice. The order is then sent to the court for approval.

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