PART 2Family justice

10I1Family mediation information and assessment meetings

1

Before making a relevant family application, a person must attend a family mediation information and assessment meeting.

2

Family Procedure Rules—

a

may provide for subsection (1) not to apply in circumstances specified in the Rules,

b

may make provision about convening a family mediation information and assessment meeting, or about the conduct of such a meeting,

c

may make provision for the court not to issue, or otherwise deal with, an application if, in contravention of subsection (1), the applicant has not attended a family mediation information and assessment meeting, and

d

may provide for a determination as to whether an applicant has contravened subsection (1) to be made after considering only evidence of a description specified in the Rules.

3

In this section—

  • “the court” means the High Court or the family court;

  • “family mediation information and assessment meeting”, in relation to a relevant family application, means a meeting held for the purpose of enabling information to be provided about—

    1. a

      mediation of disputes of the kinds to which relevant family applications relate,

    2. b

      ways in which disputes of those kinds may be resolved otherwise than by the court, and

    3. c

      the suitability of mediation, or of any such other way of resolving disputes, for trying to resolve any dispute to which the particular application relates;

  • “family proceedings” has the same meaning as in section 75 of the Courts Act 2003;

  • “relevant family application” means an application that—

    1. a

      is made to the court in, or to initiate, family proceedings, and

    2. b

      is of a description specified in Family Procedure Rules.

4

This section is without prejudice to sections 75 and 76 of the Courts Act 2003 (power to make Family Procedure Rules).