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Consolidated with \u2014 Application For Exemption From Mediation Information And Assessment Meeting (MIAM)-19th December, 2019 Family Mediator's Certificate-19th December, 2019 Form: Financial Disclosure Booklet-19th December, 2019. Mediation Information and Assessment Rules (2023 Consolidation) Arrangement of Rules Consolidated as at 31st December, 2022 Grand Court Act (2015 Revision) MEDIATION INFORMATION AND ASSESSMENT RULES (2023 Consolidation) Arrangement of Rules\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"SCHEDULE 1 1. 2. 3. 4. 5. 6. 7.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"The First Appointment Hearing before the Grand Court or the initial hearing of a Relevant\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"SCHEDULE 2 Form MIAM 1: Application for Exemption from Mediation Information and Assessment Meeting SCHEDULE 3 Form MIAM 2: Family Mediator\u2019s Certificate Arrangement of Rules Consolidated as at 31st December, 2022 SCHEDULE 4 Form MIAM 3: Financial Disclosure Booklet ENDNOTES Mediation Information and Assessment Rules (2023 Consolidation) Rule 1 Consolidated as at 31st December, 2022 Grand Court Act (2015 Revision) MEDIATION INFORMATION AND ASSESSMENT RULES (2023 Consolidation) 1. Citation, Commencement and Interpretation 1. (1)  These Rules may be cited as the Mediation Information and Assessment Rules (2023 Consolidation). (2)  These Rules shall come into operation on the 8th day of January 2020, referred to as the \\\"Commencement Date\\\". (3)  These Rules shall apply to every proceeding which is pending or commenced in the Grand Court or the Summary Court, on or after the Commencement Date. (4)  The Mediation Information & Assessment Rules, 2016 are hereby revoked. Made by the Rules Committee on the 19 day of December 2019 The Honourable Anthony Smellie, Chief Justice The Honourable Samuel Bulgin KC, Attorney General Colin McKie KC, Legal Practitioner Colette Wilkins KC, Legal Practitioner Rule 1 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 1 Consolidated as at 31st December, 2022 SCHEDULE 1 1. Interpretation 1. In these Rules \u2014 \u2018applicant\u2019 is the person who has made a relevant family application; \u2018court\u2019 means either the Grand Court or the Summary Court as appropriate; \u2018department\u2019 means the Department for Children and Family Services; \u2018domestic violence\u2019 as between the applicant and another party, has the same meaning as section 3 of the Protection from Domestic Violence Act (as amended and revised); \u2018family mediation information and assessment meeting\u2019 means a meeting held for the purpose of enabling information to be provided about \u2013 (a)  mediation of disputes of the kinds to which relevant family applications relate; (b)  ways in which disputes of those kinds may be resolved otherwise than by the court; and (c)  the suitability of mediation, or of any other way of resolving disputes, for trying to resolve any dispute to which the application relates. \u2018family mediator\u2019 means a mediator who is \u2013 a Magistrate (including an Acting Magistrate), a Judge of the Grand Court (including an Acting Judge) who has been allocated to the Family Division, and any person or class of persons identified in any Practice Direction issued pursuant to these Rules; \u2018harm\u2019 has the meaning given to it in section 33(6) of the Children Act (as amended and revised); \u2018mediation office\u2019 means the department within Judicial Administration that is responsible for assisting the court with the coordination and delivery of MIAMS and mediation; \u2018MIAM\u2019 means a family mediation information and assessment meeting; \u2018MIAM exemption\u2019 has the meaning given to it in Rule 8(1); \u2018MIAM presumption\u2019 is the presumption in Rule 2 that an applicant attend a MIAM before proceeding with a relevant family application; \u2018non-court dispute resolution\u2019 means methods of resolving a dispute, including mediation, other than through the normal court process; SCHEDULE 1 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 \u2018occupation order' has the same meaning as section 2 of the Protection from Domestic Violence Act (as amended and revised); \u2018private law proceedings\u2019 means the following proceedings \u2013 (a)  under the Children Act (as amended and revised) \u2014 (i) section 4A or 6; (ii) section 7; (iii) section 10; (iv) section 15; (v)  section 16; (b)  under the Affiliation Act (as amended and revised) \u2013 (i) section 3; but, in each case, except \u2013 (c)  an application for a consent order; (d)  proceedings relating to a child in respect of whom there are ongoing proceedings under Part V of the Children Act (as amended and revised), or proceedings for care orders or supervision orders under Part IV of the Children Act (as amended and revised); or (e)  proceedings relating to a child who is the subject of an emergency protection order under Part V, or a care order or a supervision order under Part IV, of the Children Act (as amended and revised). \u2018proceedings for a financial remedy\u2019 means the following proceedings seeking \u2014 (a)  an order for periodic payments pending suit pursuant to section 20(c) of the Matrimonial Causes Act (as amended and revised); (b)  an order for maintenance pending outcome of proceedings other than an order pursuant to section 20(c) of the Matrimonial Causes Act (as amended and revised); (c)  an order for ancillary relief pursuant to section 21(b)-(e) of the Matrimonial Causes Act (as amended and revised); (d)  an order for payment for the maintenance and education of a child pursuant to section 5 of the Affiliation Act (as amended and revised); (e)  an order for payment for the maintenance and education of a child pursuant to section 3 of the Age of Majority Act(as amended and revised); Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 1 Consolidated as at 31st December, 2022 (f)  an order for financial provision for children pursuant to section 17 and Schedule 1 to the Children Act (as amended and revised); (g)  a maintenance order pursuant to section 7 or 11 of the Maintenance Act (as amended and revised); but, in each case, except proceedings \u2014 (h)  for a consent order; or (i)  unless the court determines otherwise, for enforcement of any order made in proceedings for a financial remedy or of any agreement made in or in contemplation of proceedings for a financial remedy. \u2018protection order\u2019 has the same meaning as in section 2 of the Protection from Domestic Violence Act (as amended and revised); \u2018registered practitioner\u2019 has the same meaning as section 2 of the Health Practice Act (as amended and revised); \u2018relevant family application\u2019 means an application made in private law proceedings or in proceedings for a financial remedy; and \u2018respondent\u2019 is a person who is the respondent to the proceedings in the relevant family application.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"MIAM Presumption 2. (1) Once a relevant family application has been made in the Grand Court it will come before the Grand Court for a first appointment in accordance with para 3.3 of Practice Direction No. 6\/2012 Listing in Family Law Proceedings. At that hearing, unless the parties indicate that a consent order resolving all the issues raised by the relevant family application will be submitted for approval within 21 days of that hearing, the court will ordinarily require the parties to attend a MIAM. (2) At the initial hearing of a relevant family application before the Summary Court, if the proceedings have not been resolved at that hearing or if the parties do not indicate that a consent order resolving all the issues raised by the relevant family application will be submitted for approval within 21 days of that hearing, the court will ordinarily require the parties to attend a MIAM.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"The court's duty to consider non-court dispute resolution 3. (1) The court must consider, at every stage in proceedings, whether non-court dispute resolution is appropriate. (2) In considering whether non-court dispute resolution is appropriate in proceedings which were commenced by a relevant family application, the court must take into account \u2014 (a)  whether a MIAM took place; SCHEDULE 1 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 (b)  whether a valid MIAM exemption was claimed; and (c)  whether the parties attempted mediation or another form of non-court dispute resolution and the outcome of that process.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Adjournment of proceedings or of a hearing within proceedings 4. (1) If the court considers that non-court dispute resolution is appropriate, it may direct that the proceedings, or a hearing in the proceedings, be adjourned for such specified period as it considers appropriate \u2014 (a)  to enable the parties to obtain information and advice about, and consider using, non-court dispute resolution; and (b)  where the parties agree, to enable non-court dispute resolution to take place. (2) The court may give directions under this rule on an application or of its own initiative. (3)  Where the court directs an adjournment under this rule, it will give directions about the timing and method by which the parties must tell the court if any of the issues in the proceedings have been resolved. (4)  If the parties do not tell the court if any of the issues have been resolved as directed under paragraph (3) of this Rule, the court will give such directions as to the management of the case as it considers appropriate. (5)  The court will record the making of an order under this rule and it will give such directions as may be appropriate for the service of a copy of the order on the parties.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Applications to which the MIAM presumption applies 5. The MIAM presumption applies to an application which initiates private law proceedings or proceedings for a financial remedy, or an application within either such proceedings, unless a MIAM exemption applies.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Making an application where an exemption is claimed 6. If the applicant claims a MIAM exemption then the application must be accompanied by a Form containing \u2014 (a)  a confirmation from a family mediator that the applicant has attended a MIAM; or (b)  a claim that one of the MIAM exemptions applies.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"MIAM exemptions 7. The MIAM presumption does not apply if \u2014 (1)  an applicant claims in the relevant Form that any of the following circumstances (a \u2018MIAM exemption\u2019) applies \u2013 Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 1 Consolidated as at 31st December, 2022 Domestic violence (a)  there is evidence of domestic violence, as specified in paragraph (3) of this Rule, or as appears to the court to be sufficient; or Protection of children (b)    (i)  a child would be the subject of the application; and (ii)  that child or another child of the family who is living with that child is currently the subject of enquiries by the department under section 50 of the Children Act (as amended and revised); or Urgency (c)  the application must be made urgently because \u2013 (i)  there is risk to the life, liberty or physical safety of the applicant or the applicant\u2019s family or the applicant\u2019s home; or (ii)  any delay caused by attending a MIAM would cause \u2013 (a)  a risk of significant harm to a child; (b)  a risk of unlawful removal of a child from the Islands, or a risk of unlawful retention of a child who is currently outside of the Islands; (c)  a significant risk of a miscarriage of justice; (d)  unreasonable hardship to the applicant; or (e)  irretrievable problems in dealing with the dispute (including the irretrievable loss of significant evidence); or Previous MIAM attendance or previous MIAM exemption (d)    (i)    in the 4 months prior to making the application, the person attended a MIAM or participated in another form of non-court dispute resolution relating to the same or substantially the same dispute; or (ii)  at the time of making the application, the person is participating in another form of non-court dispute resolution relating to the same or substantially the same dispute; or (e)     (i)  in the 4 months prior to making the application, the person filed a relevant family application confirming that a MIAM exemption applied; and (ii)  that application related to the same or substantially the same dispute; or (f) (i) the application has been made in existing proceedings which are continuing; and (ii)  the applicant attended a MIAM in those proceedings; or SCHEDULE 1 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 (g) (i) the application has been made in those proceedings which are continuing; and (ii)  a MIAM exemption applied to the application for those proceedings; or Other (h)    (i)  there is evidence that the applicant is bankrupt, as specified in paragraph (4) of this Rule; and (ii)  the proceedings would be for a financial remedy; or (i)  the applicant does not have sufficient contact details for any of the respondents to enable a family mediator to contact any of the respondents for the purpose of scheduling the MIAM; or (j)  the application would be made without notice; or (k)     (i)  the applicant is, or all of the respondents are, subject to a disability or other inability that would prevent attendance at a MIAM unless appropriate facilities can be offered by a family mediator; and (ii)  the applicant has contacted at least three family mediators, and each of them has stated that they are unable to provide such facilities; and (iii) the names, postal addresses and telephone numbers or e-mail addresses for such family mediators, and the dates on which they were contacted, can be provided to the court if requested; or (l)  the applicant or all of the respondents cannot attend a MIAM because they are, as the case may be \u2014 (i)  in prison or any other institution in which they are required to be detained; (ii)  subject to conditions of bail that prevent contact with the other person; or (iii)  subject to a prohibited steps order in relation to the other person; or (m)  the applicant or all of the respondents are not ordinarily resident in the Islands; or (n)  a child is one of the parties. (o)  [No rule]. (2)  [No rule] (3)  The forms of evidence of domestic violence referred to in paragraph (1)(a) of this Rule include \u2014 (a)  a relevant unspent conviction for a domestic violence offence; (b)  a relevant police caution for a domestic violence offence given within the twenty four month period immediately preceding the date of the application; Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 1 Consolidated as at 31st December, 2022 (c)  evidence of relevant criminal proceedings for a domestic violence offence which have not concluded; (d)  a report from the RCIPS Family Support Unit that, within the twenty four month period immediately preceding the date of the application, a complaint was made to the RCIPS of relevant domestic violence; (e)  a relevant protection order or a relevant occupation order, or undertaking to the court equivalent to the same, which is in force or which was granted within the twenty four month period immediately preceding the date of the application; (f)  evidence that a party is on police bail for a domestic violence offence; (g)  a copy of a finding of fact, made in proceedings in the Islands within the twenty four month period immediately preceding the date of the application, that there has been domestic violence giving rise to a risk of harm by one party to another party; (h)  a letter or report from a health professional who has access to the medical records of a party confirming that that professional, or another health professional \u2014 (i)  has examined any party in person within the twenty four month period immediately preceding the date of the application; and (ii)  was satisfied following that examination that that party had injuries or a condition consistent with those of a victim of domestic violence; (i)  a letter from the Director of the department confirming that, within the twenty four month period immediately preceding the date of the application, that \u2014 (i)  the applicant is, or was, a client of the department; (ii)  the department had identified domestic violence as a feature of the applicant's circumstances; and (iii)  the applicant appeared to be a victim of domestic violence. (j)  a letter from the Director of the Department of Counselling Services confirming that, within the twenty four month period immediately preceding the date of the application, the applicant had sought or received counselling in respect of domestic violence; (k)  a letter from the Director of the Family Resource Centre confirming that, within the twenty four month period immediately preceding the date of the application, the applicant had sought or received counselling, assistance or advice in respect of domestic violence (l)  a letter or report from the Cayman Islands Crisis Centre confirming \u2013 (i)  that within the twenty four month period immediately preceding the date of the application, any party had been accommodated in a refuge; SCHEDULE 1 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 (ii)  the dates on which that party was admitted to and, if applicable, left the refuge; and (iii)  that that party was admitted to the refuge because of allegations by that party of domestic violence; (m)  a letter or report from the Cayman Islands Crisis Centre confirming \u2013 (i)  that a party was, within the twenty four month period immediately preceding the date of the application, refused admission to a refuge on account of there being insufficient accommodation available in the refuge; and (ii)  the date on which that party was refused admission to the refuge; (n)  a letter or report from \u2014 (i)  the person to whom the referral described below was made; (ii)  the health professional who made the referral described below; or (iii)  a health professional who has access to the medical records of a party, confirming that there was, within the twenty four month period immediately preceding the date of the application, a referral by a health professional of a party to a person who provides specialist support or assistance for victims of, or those at risk of, domestic violence; (o)  evidence of a relevant court order binding over a party in connection with a domestic violence offence, which is in force or which was granted within the twenty four month period immediately preceding the date of the application. (4)  The forms of evidence referred to in paragraph (1)(h) of this Rule are \u2014 (a)  a petition by the applicant for a bankruptcy order; (b)  a petition by a creditor of the applicant for a bankruptcy order; or (c)  a bankruptcy order (provisional or absolute) in respect of the applicant. 8. The First Appointment Hearing before the Grand Court or the initial hearing of a Relevant Family Application before the Summary Court 8. (1) If a MIAM exemption has been claimed or if the court discerns that the case is unsuitable for mediation because an unclaimed ground for exemption exists, the court will, if appropriate when making a decision on allocation, and in any event at the first appointment hearing, inquire into whether the exemption was validly claimed. (2) If the court finds that no MIAM exemption has been claimed or the MIAM exemption was not validly claimed, it will \u2014 (a)  direct the parties, to attend a MIAM at a set time on a set date; and (b)  adjourn the proceedings to enable a MIAM to take place. Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 1 Consolidated as at 31st December, 2022 Provided that, the Summary Court may, if it considers that all the matters raised by a relevant financial proceedings are plainly likely to be capable of resolution expeditiously and summarily, the MIAM requirement should not apply to that application. (3) In making a decision under Rule 9 (2), the court will have particular regard to \u2013 (a)  any applicable time limits; (b)  the reason or reasons why the MIAM exemption was not validly claimed; (c)  the applicability of any other MIAM exemptions; and (d)  the number and nature of issues that remain to be resolved in the proceedings. 9. Conduct of MIAMs 9. (1) Only a family mediator may conduct a MIAM. (2)  At the MIAM, the 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; (b)  irrespective of whether the court has referred the matter to a MIAM, assess the suitability of mediation as a means of resolving the dispute; (3)  If the family mediator determines that the matter is suitable for mediation \u2014 (a)  if the relevant family application includes proceedings for a financial remedy, then the family mediator must direct the parties to file and exchange Forms for financial disclosure no later than 21 days after the date of the MIAM; and (b)  if the family mediator has directed the parties to deliver to the mediation office their position statements, then the family mediator must direct the parties to do so on a date no later than 7 calendar days prior to the mediation appointment. The position statements are for the family mediator only and any party's position statement may only be provided to another party with the former's consent; and (c)  the family mediator must provide the parties with a date for the first mediation appointment, that should ordinarily be no later than 28 days after the date of the MIAM. (4)  If the parties indicate to the family mediator at the MIAM that they will use a private-sector mediator then no directions pursuant to Rule s9(3)(a) and (b) will be made. (5)  Within 7 calendar days of the date of the MIAM the family mediator shall file a MIAM report form at the mediation office and in the case court file concerning the outcome of the MIAM or MIAMs. SCHEDULE 1 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 (6)  For the purposes of paragraphs (2) and (4) of this Rule, if the applicant and the respondent (or respondents) attend or are due to attend different MIAMs then references to the \\\"date of the MIAM\\\" shall mean the date of the last MIAM. Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 2 Consolidated as at 31st December, 2022 SCHEDULE 2 Form MIAM 1: Application for Exemption from Mediation Information and Assessment Meeting Full name of Applicant(s) Full name of Respondent(s) If you are seeking an exemption from attending a mediation information and assessment meeting (MIAM) you must choose from the following boxes in respect of your application, then proceed to complete the relevant section(s): 1. It is for a consent order; \u2610 2. You have evidence of relevant domestic violence; \u2610 go to section 2 3. There is a need to protect children; \u2610 go to section 3 4. It is urgent; \u2610 go to section 4 5. You have a MIAM exemption; or \u2610 go to section 5 6. You have previously attended a MIAM or previously obtained a MIAM exemption; \u2610 go to section 5 7. Other. \u2610 go to section 7 Applicant's claim for Exemption 2. Domestic Violence You confirm that at the first hearing you will be able to provide to the Court evidence that shows relevant domestic violence, in the form of any of the following \u2014 \u2022 a relevant unspent conviction for a domestic violence offence; \u2610 \u2022 a relevant police caution for a domestic violence offence given within the twenty four month period immediately preceding the date of the application; \u2610 \u2022 evidence of relevant criminal proceedings for a domestic violence offence which have not concluded; \u2610 \u2022 a report from the RCIPS Family Support Unit that, within the twenty four month period immediately preceding the date of the application, a complaint was made to the RCIPS of relevant domestic violence; \u2610 SCHEDULE 2 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 \u2022 a relevant protection order or a relevant occupation order, or undertaking to the court equivalent to the same, which is in force or which was granted within the twenty four month period immediately preceding the date of the application; \u2610 \u2022 evidence that a party is on police bail for a domestic violence offence; \u2610 \u2022 a copy of a finding of fact, made in proceedings in the Islands within the period immediately preceding the date of the application, that there has been domestic violence giving rise to a risk of harm by one party to another party; \u2610 \u2022 a letter or report from a health professional who has access to the medicalrecords of a party confirming that that professional, or another health professional \u2014 * has examined any party in person within the twenty four month period immediately preceding the date of the application; and \u2610 * was satisfied following that examination that that party had injuries or a condition consistent with those of a victim of domestic violence; \u2610 \u2022 a letter from the Director of the Department for Children and Family Services confirming that, within the twenty four month period immediately preceding the date of the application, that \u2014 * you are, or were, a client of the Department; \u2610 * the Department had identified domestic violence as a feature of your circumstances; and \u2610 you appeared to be a victim of domestic violence. \u2610 \u2022 a letter from the Director of the Department of Counselling Services confirming that,within the twenty four month period immediately preceding the date of the application, you had sought or received counselling in respect of domestic violence; \u2610 \u2022 a letter from the Director of the Family Resource Centre confirming that, within the twenty four month period immediately preceding the date of the application, you had sought or received counselling, assistance or advice in respect of domestic violence; \u2610 \u2022 a letter or report from the Cayman Islands Crisis Centre confirming \u2014 * that within the twenty four month period immediately preceding the date of the application, any party had been accommodated in a refuge; * the dates on which that party was admitted to and, if applicable, left the refuge; and * that the party was admitted to the refuge because of allegations by that party of domestic violence; * that a party was, within the twenty four month period immediately preceding the date of the application, refused admission to a refuge on account of there being insufficient accommodation available in the refuge; and \u2610 Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 2 Consolidated as at 31st December, 2022 * the date on which that party was refused admission to the refuge; \u2610 \u2022 a letter or report from \u2014 * the person to whom the referral described below was made; \u2610 * the health professional who made the referral described below; or \u2610 * a health professional who has access to the medical records of a party, \u2022 confirming that there was, within the twenty four month period immediately preceding the date of the application, a referral by a health professional of a party to a person who provides specialist support or assistance for victims of, or those at risk of, domestic violence; \u2610 \u2022 evidence of a relevant court order binding over a party in connection with a domestic violence offence, which is in force or which was granted within the twenty four month period immediately preceding the date of the application. \u2610 3. Protection of children You confirm that in respect of a child who is the subject of your application that child, or another child of the family who is living with that child, is the subject of enquiries by the Department for Children and Family Services under section 50 of the Children Act (2012 Revision). \u2610 4. Urgency You confirm that your application is urgent because \u2014 \u2022 there is risk to the life, liberty or physical safety of you or your family or your home; or \u2610 \u2022 any delay caused by attending a MIAM would cause \u2014 * a risk of significant harm to a child; * a risk of unlawful removal of a child from the Islands, or a risk of unlawful retention of a child who is currently outside of the Islands; \u2610 * a significant risk of a miscarriage of justice; \u2610 * unreasonable hardship to you; or \u2610 * irretrievable problems in dealing with the dispute (including the irretrievable loss of significant evidence). \u2610 5. Previous MIAM attendance or MIAM exemption You confirm that \u2014 SCHEDULE 2 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 \u2022 in the 4 months prior to making the application, you attended a MIAM or participated in another form of non-court dispute resolution relating to the same or substantially the same dispute; \u2610 \u2022 at the time of making the application, you are participating in another form of noncourt dispute resolution relating to the same or substantially the same dispute; \u2610 \u2022 in the 4 months prior to making the application, you filed a relevant family application confirming that a MIAM exemption applied and \u2610 * that application related to the same or substantially the same dispute; or \u2610 * the application would be made in existing proceedings which are continuing; or \u2610 \u2022 the applicant attended a MIAM in those proceedings \u2610 \u2022 the application would be made in existing proceedings which are continuing; and a MIAM exemption applied to the application for those proceedings; \u2610 6. Other You confirm that \u2014 \u2610 \u2022(For proceedings for a financial remedy) At the first hearing you will be able to provide to the Court evidence that the applicant is bankrupt (see rule 8(4) for documents acceptable) \u2610 \u2022 You do not have sufficient contact details for any of the respondents to enable the family mediator to contact any of them for the purpose of scheduling a MIAM; \u2610 \u2022 You are applying without notice to the respondent(s); \u2610 \u2022 You or the respondent(s) are subject to a disability or another inability that would prevent attendance at a MIAM unless appropriate facilities can be offered by the family mediator;and you have contacted at least three family mediators and they have stated that they are unable to provide such facilities; and you are able to provide to the Court the names of those family mediators, their contacts details, and the dates on which you contacted them. \u2610 \u2022 You and\/or the respondent(s) are in prison or are detained in another institution; or are subject to bail conditions which would prevent contact with the other person; or are subject to a licence which would prohibit contact with the other person; \u2610 \u2022 You or all of the respondents are not ordinarily resident in the Islands; \u2610 \u2022 One of the parties is a child; \u2610 \u2022 You have contacted at least three family mediators, and all of them have stated that they are not available to conduct a MIAM within 15 days of the date of contact, and \u2610 Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 2 Consolidated as at 31st December, 2022 you are able to provide to the Court the names of those family mediators, their contacts details, and the dates on which you contacted them. ________________________________________ Applicant's signature ________________________________________ Full Name (or name of Attorney) ________________________________________ Signature of Attorney _____________________________ Dated SCHEDULE 3 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 SCHEDULE 3 Form MIAM 2: Family Mediator\u2019s Certificate This section only applies where an applicant has claimed that (s)he is exempt from attendance at a MIAM or confirms that (s)he has attended a MIAM. A. MIAM exemption(s) apply(ies) I am satisfied that the following MIAM exemption(s) apply: \u2022 mediation is not suitable as a means of resolving the dispute because none of the respondents is willing to attend a MIAM; or ______ \u2022 mediation is not suitable as a means of resolving the dispute because all of the respondents failed without good reason to attend a MIAM appointment; or ______ \u2022 mediation is otherwise not suitable as a means of resolving the dispute ______ B. Applicant has previously attended a MIAM I confirm: \u2022 the applicant only attended a MIAM ______ \u2022 the applicant and the respondent(s) together attended the MIAM; ______ \u2022 the applicant and the respondent(s) have each attended separate MIAMs; or ______ \u2022 the respondent(s) has(have) made or is(are) making arrangements to attend a separate MIAM. ______ And I also confirm that mediation or other form of non-court dispute resolution is not proceeding because: \u2022 the applicant has attended a MIAM alone and: * (s)he does not wish to start or continue mediation; or ______ * I have determined that mediation is unsuitable as a means of resolving the dispute. ______ \u2022 both the applicant and the respondent(s) have attended a MIAM (separately or together) and: * the applicant does not wish to start or continue mediation; or ______ Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 3 Consolidated as at 31st December, 2022 * the respondent(s) does(do) not wish to start or continue mediation; or ______ * I have determined that mediation is unsuitable as a means of resolving the dispute. ______ \u2022 Mediation has started, but it has: * broken down; or ______ * concluded with some or all issues unresolved. ______ C. Following the information session, mediation is to be pursued. ______ ______________________________________________ Family Mediator's signature __________________________________________ Full name of Mediator ______________________________________________ Address ___________________________ Date SCHEDULE 4 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 SCHEDULE 4 Form MIAM 3: Financial Disclosure Booklet Filing in this booklet \u2013 General Guidance The financial disclosure booklet is in two parts. Initially, there is a form for your completion. Behind it, there is a Certificate of Compliance, outlining what documents you have provided to the other party. The first form, Financial Disclosure Form and the Certificate of Compliance must be filed with the Court. The documents you provide with your Certificate of Compliance ARE NOT FILED WITH THE COURT. This booklet is designed to help you draw together all your financial information and to help you think about your finances. Your mediator needs this information to help you discuss options for the resolution of your case. Do not be put off by the detail requested. It may be that not all the financial detail requested applies to you. Where any section is \u201cnot applicable\u201d, write \u201cN\/A\u201d. If you find there is not enough space to list your response completely, please write \u201csee attached\u201d and add the additional items on the back of the sheet or on additional pages that you attach. Questions you may have: WHY IS IT NECESSARY TO COMPLETE THE BOOKLET? It is essential that discussions in mediation take place with full knowledge of each other\u2019s finances and other relevant circumstances. DO I HAVE TO INCLUDE EVERYTHING? Yes, you should include everything in your name or your joint names, or in your name with another person. This should include any assets or debts in this country or in any other country. If in doubt, include it at this stage and it can be discussed further in the course of mediation. WHAT HAPPENS AFTER I HAVE FILED THE BOOKLET? A copy of this form will be given to your spouse\/partner. You will receive a copy of that party\u2019s form and documents also. Please fill in this form as fully and accurately as possible. Disclosure must for full, frank and complete and must include all assets, debts, income and expenses. Without this, it could mean that any proposals you develop might be at risk or could be set aside by the Court. Do not include your position or any proposals for resolution. These issues will be discussed in mediation. Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 4 Consolidated as at 31st December, 2022 Section 1: About you Full legal name Date of birth Date of marriage (if applicable) Date of cohabitation with the opposing party Date of separation (if applicable) Are you residing with a third party other than your spouse and, if so, are you providing support to that person(s) or are they providing support for you? If so, please outline the person(s) and support SCHEDULE 4 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 Section 2: Children Children of this relationship: Names and ages: As to each child, with whom does the child reside: As to each, school attending: Children of other relationships: Names and ages: As to each child, with whom does the child reside: As to each, school attending: Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 4 Consolidated as at 31st December, 2022 Section 3: Employment Where are you employed or are you self-employed: Employer's name and address: Nature of your employment: If you are self-employed, nature of your employment: As to your wage: What are you paid and how often: As to self-employment What is your overall income: What business expenses do you have in order to obtain that overall income: What other benefits do you have through your employment? List other benefits and amounts thereof: If you are unemployed, are there any health issues that relate to your unemployment? Please outline, if applicable: If you are unemployed and there are no health issues, what efforts have you made to be employed or why are you not currently seeking employment? Please outline, if applicable: SCHEDULE 4 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 Section 4: Assets Real Estate owned: As to each: Location: How titled: Value: Real Estate Charges\/Mortgages: As to each property: To what bank or other entity owed: Balance owed: Monthly payment: Bank and other financial accounts: List per account, citing last three numbers of each account: Name of bank or other entity: How account is titled: Highest balance in the last six months: Current balance: Pension: As to each pension: Where is it held: Current balance: Was any portion received before marriage and, if so, what portion: Automobiles: How titled: Vehicle: make and year Estimated value: Lien, if any: Other assets valued over CI$1,000: List per asset: Asset: Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 4 Consolidated as at 31st December, 2022 Other assets, cont. Per asset, how titled, if titled: Value as to each: Claims that any asset is non-marital As per asset: Asset: How titled: Basis for claim: Claim of extraordinary contribution What asset: Basis for claim: Section 5: Debts Outline any existing debts that were incurred during the course of the marriage: As to each debt: What entity is owed: How much is owed: What comprises the debt: Who incurred the debt: Amount paid against the debt monthly: Outline any debts that were incurred prior to the marriage As to each debt: What entity is owed: How much is owed: What comprises the debt: Who incurred the debt: Amount paid against the debt monthly: Section 6: Other Is there any other fact or circumstance which you believe carries weight in the handling of your case? SCHEDULE 4 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 Section 7: Income and expenses PER CALENDAR MONTH Salary Overtime Income from self-employment Income from government assistance Rental income Income from government assistance Other income TOTAL INCOME PER CALENDAR MONTH Pension contributions Health insurance for yourself Health insurance for your spouse Health insurance for your children Payments on an existing maintenance order TOTAL DEDUCTIONS PER CALENDAR MONTH HOME OVERHEAD Mortgage or rent Home insurance Strata, HOA or other homeowner fees Electricity Water Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 4 Consolidated as at 31st December, 2022 Other utilities: Repairs SUB-TOTAL PER CALENDAR MONTH HOUSEHOLD Groceries Household help\/maid Household cleaning supplies Internet TV programming Yard maintenance Other: please list Other: please list SUB-TOTAL PER CALENDAR MONTH PERSONAL Clothing Shoes Toiletries and cosmetics Pharmaceutical Uncovered medical and therapeutic Hair dressing Medical Dental Optical Laundry\/dry cleaning Work lunches Subscriptions Professional groups Mobile phone Auto lien Auto tag\/license Auto insurance SCHEDULE 4 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 Auto gas Auto repairs Meals out Entertainment Sports Vacations Gifts at holidays Gifts for special occasions Other: please identify Other: please identify SUB-TOTAL PER CALENDAR MONTH CHILD(REN) EXPENSES School fees Nursery fees Nanny Nanny work permit Nanny insurance Nanny pension Nanny other Babysitting Tutoring School trips School clothing School parties\/teacher gifts Extracurricular sports Extracurricular music Books and craft materials Clothing Shoes Toiletries Uncovered medical\/therapeutic Uncovered dental\/orthodontia Uncovered prescription Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 4 Consolidated as at 31st December, 2022 Holiday gifts Birthday gifts Parties for other children Summer camp Vacations Other: please identify Other: please identify Other: please identify SUB-TOTAL PER CALENDAR MONTH Overall income Overall expenses Net (deficit) Set out BRIEFLY any other matters which you think may be relevant to your application for financial provision for yourself and\/or a child(ren) or for the variation of financial provision for yourself and\/or a child(ren). _________________________________________________________ Signed Date: ______________________________________ SCHEDULE 4 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 INSTRUCTIONS FOR COMPLETION OF A CERTIFICATE OF COMPLIANCE WITH MANDATORY DISCLOSURE When should this form be used? Mandatory disclosure requires each party in a family law case where financial orders are sought, to provide the other party with certain financial information and documents. These documents must be exchanged with the other party within 30 days of attending a MIAM. The mandatory disclosure rule applies to all original proceedings and to summons to vary, except where the Respondent is served by constructive service and does not answer. You should use this form to notify the court and the other party that you have complied with the mandatory disclosure requirement. Each party must provide the other party with the documents listed on this form, regardless of whether it is an initial or subsequent proceeding. This does not apply to actions for enforcement. ONLY THE ORIGINAL OF THE COMPLETED CERTIFICATE IS FILED WITH THE COURT EXCEPT FOR THE STATEMENT OF MEANS, NO DOCUMENTS SHALL BE FILED IN THE COURT FILE WITHOUT A PRIOR COURT ORDER. THE DOCUMENTS LISTED ON THE FORM ARE TO BE GIVEN TO THE OTHER PARTY. THERE IS A CONTINUING DUTY TO SUPPLEMENT THIS INFORMATION AS NEW INFORMATION ARISES DURING THE PENDENCY OF THE CASE AND UNTIL A FINAL CONSENT ORDER IS ENTERED. If a Summons to Vary is filed, seeking modification, then the mandatory disclosure requirements begin again even if previously provided. This form should be typed, or printed in black or blue ink. After completing this form, you should file the original with the court registry, and keep a copy for your records. A copy of this form must be exchanged with any other party in your case. What should I do next? After you have provided the other party all of the financial information and documents and have filed this form certifying that you have complied with this rule, you are under a continuing duty to give promptly the other party any information or documents that change your financial status or that make the information already provided inaccurate. Special notes. You may provide copies of required documents although originals may be inspected upon demand. Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 4 Consolidated as at 31st December, 2022 CERTIFICATE OF COMPLIANCE WITH MANDATORY DISCLOSURE WITH THE CERTIFICATE OF COMPLIANCE WITH MANDATORY DISCLOSURE ONLY THE ORIGINAL OF THIS COMPLETED FORM IS FILED WITH THE COURT. EXCEPT FOR THE STATEMENT OF MEANS, NO DOCUMENTS SHALL BE FILED IN THE COURT FILE WITHOUT A PRIOR COURT ORDER. I, _____________________________________________ (name), certify that I have complied with the mandatory disclosure by providing the below checked documents to the opposing party, or his or her attorney, as follows: [Check all that apply] a. ___ Form: Financial Disclosure Form. b. ___ Pay stubs or other evidence of earned income for each of the preceding 6 months. c. ___ A statement identifying the source and amount of all other income I derived from any source for the preceding 6 months. d. ___ All loan applications and financial statements prepared on my behalf for any purpose or used for any purpose within the preceding 12 months. e. ___ All deeds to real estate in which I presently own or owned an interest within the past 3 years and any related charges thereon. f. ___ All promissory notes in which I presently own or owned an interest within the last 12 months. g. ___ All present leases in which I own an interest. h. ___ All periodic statements for the last 6 months for all financial accounts, including, without limitation, checking, savings, investments accounts, and\/or certificates of deposit. i. ___ All brokerage account statements for the last 12 months. j. ___ Most recent statement for any pension, profit sharing, deferred compensation, or retirement in which I have an interest. k. ___ The declaration page, the last periodic statement, and the certificate for any group insurance for all life insurance policies insuring my life or the life of my spouse or child(ren) . l. ___ All health and dental insurance cards covering either me or my spouse and\/or our dependent child(ren). m. ___ Any corporate, partnership, and\/or trust records for the last 3 years, for any entity in which I have an ownership or interest (not including assets owned in an investment account and otherwise disclosed). n. ___ All credit card and charge account statements and other records showing my (our) indebtedness as of the date of the filing of this action and for the prior 3 months. o. ___ All promissory notes on which I presently owe or owed within the past year. All lease agreements I presently owe. p. ____ All premarital and marital agreements between the parties to this case. SCHEDULE 4 Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 q. ___ If a Summons to Vary, all written agreements entered into between the parties at any time since the order to be modified was entered. r. ___ All documents and tangible evidence relating to claims for an unequal distribution of marital property, enhancement or appreciation in non-marital property, or non-marital status of an asset or debt. s. ___ Any court order directing that I pay or receive spousal maintenance or child maintenance from a party unrelated to the parties in this action. I certify that a copy of each document which complies with the above disclosure was [check all used]: ( ) e-mailed ( ) mailed ( ) hand delivered to the person(s) listed below on_________________________. Other party or his\/her attorney to whom documents were sent: Name: _______________________________________ Address: ______________________________________ E-mail Address(es):_______________________________ Certificate of Compliance with Mandatory Disclosure I, _____________________________________, understand that I am swearing or affirming under oath to the accuracy of my compliance with the mandatory disclosure requirements and that, unless otherwise indicated with specificity, this disclosure is complete. I further understand that the punishment for knowingly making a false statement or incomplete disclosure includes fines and\/or imprisonment. Signature: __________________________________________ Dated: ____________________ Notary Sworn to or affirmed and signed before me by ________________________________________ NOTARY PUBLIC or DEPUTY CLERK Mediation Information and Assessment Rules (2023 Consolidation) SCHEDULE 4 Consolidated as at 31st December, 2022 Publication in consolidated and revised form authorised by the Cabinet this 10th day of January, 2023. Kim Bullings Clerk of the Cabinet Mediation Information and Assessment Rules (2023 Consolidation) ENDNOTES Consolidated as at 31st December, 2022 ENDNOTES Table of Legislation history: SL # Act\/Law # Legislation Commencement Gazette 63\/2020 (Commencement) Order, 2020 8-Jan-2020 GE1\/2020\/s1 62\/2020 8-Jan-2020 GE1\/2020\/s2 ENDNOTES Mediation Information and Assessment Rules (2023 Consolidation) Consolidated as at 31st December, 2022 (Price: $8.00)\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2023_01_01\", \"date\": \"2023-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": 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2020\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"subordinate\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2020\/62\/eng@2023-01-01\", \"FRBRdate\": [{\"date\": \"2023-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2020\/62\/eng@2023-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2020\/62\/eng@2023-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2020\/62\/eng@2023-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Mediation Information and Assessment Rules\", \"actNumber\": \"62 of 2020\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nGrand Court Act\n(2015 Revision)\nMEDIATION INFORMATION AND\nASSESSMENT RULES\n(2023 Consolidation)\n\nSupplement No. 5 published with Legislation Gazette No. 4 dated 24th January, 2023.\n\u2000\n\nPage 2\nConsolidated as at 31st December, 2022\nc\n\nPUBLISHING DETAILS\nThe Mediation Information and Assessment Rules made by the Grand Court Rules\nCommittee on 19th December, 2019 as amended by the Citation of Acts of Parliament Act,\n2020 [Act 56 of 2020].\n\nConsolidated with \u2014\nApplication For Exemption From Mediation Information And Assessment Meeting\n(MIAM)-19th December, 2019\nFamily Mediator's Certificate-19th December, 2019\nForm: Financial Disclosure Booklet-19th December, 2019.\n\nMediation Information and Assessment Rules (2023 Consolidation)\nArrangement of Rules\n\nc\nConsolidated as at 31st December, 2022\nPage 3\n\nCAYMAN ISLANDS\n\nGrand Court Act\n(2015 Revision)\nMEDIATION INFORMATION AND\nASSESSMENT RULES\n(2023 Consolidation)\nArrangement of Rules\nSection\nPage\n1.\nCitation, Commencement and Interpretation ..............................................................................5\nSCHEDULE 1\n7\nMediation Information and Assessment Rules\n7\n1.\nInterpretation .............................................................................................................................7\n2.\nMIAM Presumption ....................................................................................................................9\n3.\nThe court's duty to consider non-court dispute resolution ...........................................................9\n4.\nAdjournment of proceedings or of a hearing within proceedings .............................................. 10\n5.\nApplications to which the MIAM presumption applies ............................................................... 10\n6.\nMaking an application where an exemption is claimed ............................................................. 10\n7.\nMIAM exemptions .................................................................................................................... 10\n8.\nThe First Appointment Hearing before the Grand Court or the initial hearing of a Relevant\nFamily Application before the Summary Court ......................................................................... 14\n9.\nConduct of MIAMs ................................................................................................................... 15\nSCHEDULE 2\n17\nForm MIAM 1: Application for Exemption from Mediation Information and Assessment\nMeeting\n17\nSCHEDULE 3\n22\nForm MIAM 2: Family Mediator\u2019s Certificate\n22\n\nArrangement of Rules\nMediation Information and Assessment Rules\n\nPage 4\nConsolidated as at 31st December, 2022\nc\n\nSCHEDULE 4\n24\nForm MIAM 3: Financial Disclosure Booklet\n24\nENDNOTES\n39\nTable of Legislation history: ............................................................................................................... 39\n\nMediation Information and Assessment Rules (2023 Consolidation)\nRule 1\n\nc\nConsolidated as at 31st December, 2022\nPage 5\n\nCAYMAN ISLANDS\n\nGrand Court Act\n(2015 Revision)\nMEDIATION INFORMATION AND\nASSESSMENT RULES\n(2023 Consolidation)\n\n1.\nCitation, Commencement and Interpretation\n1.\n(1)  These Rules may be cited as the Mediation Information and Assessment Rules\n(2023 Consolidation).\n(2)  These Rules shall come into operation on the 8th day of January 2020, referred\nto as the \"Commencement Date\".\n(3)  These Rules shall apply to every proceeding which is pending or commenced in\nthe Grand Court or the Summary Court, on or after the Commencement Date.\n(4)  The Mediation Information & Assessment Rules, 2016 are hereby revoked.\n\nMade by the Rules Committee on the 19 day of December 2019\n\nThe Honourable Anthony Smellie, Chief Justice\nThe Honourable Samuel Bulgin KC, Attorney General\nColin McKie KC, Legal Practitioner\nColette Wilkins KC, Legal Practitioner\n\nRule 1\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 6\nConsolidated as at 31st December, 2022\nc\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 1\n\nc\nConsolidated as at 31st December, 2022\nPage 7\n\n SCHEDULE 1\nMediation Information and Assessment Rules\n\n1.\nInterpretation\n1.\nIn these Rules \u2014\n\u2018applicant\u2019 is the person who has made a relevant family application;\n\u2018court\u2019 means either the Grand Court or the Summary Court as appropriate;\n\u2018department\u2019 means the Department for Children and Family Services;\n\u2018domestic violence\u2019 as between the applicant and another party, has the same\nmeaning as section 3 of the Protection from Domestic Violence Act (as\namended and revised);\n\u2018family mediation information and assessment meeting\u2019 means a meeting\nheld for the purpose of enabling information to be provided about \u2013\n(a)  mediation of disputes of the kinds to which relevant family applications\nrelate;\n(b)  ways in which disputes of those kinds may be resolved otherwise than by\nthe court; and\n(c)  the suitability of mediation, or of any other way of resolving disputes, for\ntrying to resolve any dispute to which the application relates.\n\u2018family mediator\u2019 means a mediator who is \u2013\n\na Magistrate (including an Acting Magistrate), a Judge of the Grand Court\n(including an Acting Judge) who has been allocated to the Family\nDivision, and any person or class of persons identified in any Practice\nDirection issued pursuant to these Rules;\n\u2018harm\u2019 has the meaning given to it in section 33(6) of the Children Act (as\namended and revised);\n\u2018mediation office\u2019 means the department within Judicial Administration that is\nresponsible for assisting the court with the coordination and delivery of MIAMS\nand mediation;\n\n\u2018MIAM\u2019 means a family mediation information and assessment meeting;\n\n\u2018MIAM exemption\u2019 has the meaning given to it in Rule 8(1);\n\n\u2018MIAM presumption\u2019 is the presumption in Rule 2 that an applicant attend a\nMIAM before proceeding with a relevant family application;\n\u2018non-court dispute resolution\u2019 means methods of resolving a dispute,\nincluding mediation, other than through the normal court process;\n\nSCHEDULE 1\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 8\nConsolidated as at 31st December, 2022\nc\n\n\u2018occupation order' has the same meaning as section 2 of the Protection\nfrom Domestic Violence Act (as amended and revised);\n\u2018private law proceedings\u2019 means the following proceedings \u2013\n(a)  under the Children Act (as amended and revised) \u2014\n(i) section 4A or 6;\n(ii) section 7;\n(iii) section 10;\n\n(iv) section 15;\n\n(v)  section 16;\n(b)  under the Affiliation Act (as amended and revised) \u2013\n(i) section 3;\nbut, in each case, except \u2013\n(c)  an application for a consent order;\n(d)  proceedings relating to a child in respect of whom there are\nongoing proceedings under Part V of the Children Act (as\namended and revised), or proceedings for care orders or\nsupervision orders under Part IV of the Children Act (as\namended and revised); or\n(e)  proceedings relating to a child who is the subject of an\nemergency protection order under Part V, or a care order or a\nsupervision order under Part IV, of the Children Act (as\namended and revised).\n\u2018proceedings for a financial remedy\u2019 means the following proceedings\nseeking \u2014\n(a)  an order for periodic payments pending suit pursuant to section\n20(c) of the Matrimonial Causes Act (as amended and revised);\n(b)  an order for maintenance pending outcome of proceedings other\nthan an order pursuant to section 20(c) of the Matrimonial\nCauses Act (as amended and revised);\n(c)  an order for ancillary relief pursuant to section 21(b)-(e) of the\nMatrimonial Causes Act (as amended and revised);\n(d)  an order for payment for the maintenance and education of a\nchild pursuant to section 5 of the Affiliation Act (as amended\nand revised);\n(e)  an order for payment for the maintenance and education of a\nchild pursuant to section 3 of the Age of Majority Act(as\namended and revised);\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 1\n\nc\nConsolidated as at 31st December, 2022\nPage 9\n\n(f)  an order for financial provision for children pursuant to section\n17 and Schedule 1 to the Children Act (as amended and revised);\n(g)  a maintenance order pursuant to section 7 or 11 of the\nMaintenance Act (as amended and revised);\n\nbut, in each case, except proceedings \u2014\n(h)  for a consent order; or\n(i)  unless the court determines otherwise, for enforcement of any\norder made in proceedings for a financial remedy or of any\nagreement made in or in contemplation of proceedings for a\nfinancial remedy.\n\u2018protection order\u2019 has the same meaning as in section 2 of the Protection from\nDomestic Violence Act (as amended and revised);\n\u2018registered practitioner\u2019 has the same meaning as section 2 of the Health\nPractice Act (as amended and revised);\n\u2018relevant family application\u2019 means an application made in private law\nproceedings or in proceedings for a financial remedy; and\n\u2018respondent\u2019 is a person who is the respondent to the proceedings in the\nrelevant family application.\n2.\nMIAM Presumption\n2.\n(1) Once a relevant family application has been made in the Grand Court it will\ncome before the Grand Court for a first appointment in accordance with para\n3.3 of Practice Direction No. 6\/2012 Listing in Family Law Proceedings. At\nthat hearing, unless the parties indicate that a consent order resolving all the\nissues raised by the relevant family application will be submitted for approval\nwithin 21 days of that hearing, the court will ordinarily require the parties to\nattend a MIAM.\n\n(2) At the initial hearing of a relevant family application before the Summary Court,\nif the proceedings have not been resolved at that hearing or if the parties do not\nindicate that a consent order resolving all the issues raised by the relevant family\napplication will be submitted for approval within 21 days of that hearing, the\ncourt will ordinarily require the parties to attend a MIAM.\n3.\nThe court's duty to consider non-court dispute resolution\n3.\n(1) The court must consider, at every stage in proceedings, whether non-court\ndispute resolution is appropriate.\n\n(2) In considering whether non-court dispute resolution is appropriate in proceedings\nwhich were commenced by a relevant family application, the court must take\ninto account \u2014\n(a)  whether a MIAM took place;\n\nSCHEDULE 1\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 10\nConsolidated as at 31st December, 2022\nc\n\n(b)  whether a valid MIAM exemption was claimed; and\n(c)  whether the parties attempted mediation or another form of non-court\ndispute resolution and the outcome of that process.\n4.\nAdjournment of proceedings or of a hearing within proceedings\n4.\n(1) If the court considers that non-court dispute resolution is appropriate, it may\ndirect that the proceedings, or a hearing in the proceedings, be adjourned for\nsuch specified period as it considers appropriate \u2014\n(a)  to enable the parties to obtain information and advice about, and consider\nusing, non-court dispute resolution; and\n(b)  where the parties agree, to enable non-court dispute resolution to take\nplace.\n(2) The court may give directions under this rule on an application or of its own\ninitiative.\n(3)  Where the court directs an adjournment under this rule, it will give directions\nabout the timing and method by which the parties must tell the court if any of\nthe issues in the proceedings have been resolved.\n(4)  If the parties do not tell the court if any of the issues have been resolved as\ndirected under paragraph (3) of this Rule, the court will give such directions as\nto the management of the case as it considers appropriate.\n(5)  The court will record the making of an order under this rule and it will give such\ndirections as may be appropriate for the service of a copy of the order on the\nparties.\n5.\nApplications to which the MIAM presumption applies\n5.\nThe MIAM presumption applies to an application which initiates private law\nproceedings or proceedings for a financial remedy, or an application within either\nsuch proceedings, unless a MIAM exemption applies.\n6.\nMaking an application where an exemption is claimed\n6.\nIf the applicant claims a MIAM exemption then the application must be accompanied\nby a Form containing \u2014\n(a)  a confirmation from a family mediator that the applicant has attended\na MIAM; or\n(b)  a claim that one of the MIAM exemptions applies.\n7.\nMIAM exemptions\n7.\nThe MIAM presumption does not apply if \u2014\n(1)  an applicant claims in the relevant Form that any of the following circumstances\n(a \u2018MIAM exemption\u2019) applies \u2013\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 1\n\nc\nConsolidated as at 31st December, 2022\nPage 11\n\nDomestic violence\n(a)  there is evidence of domestic violence, as specified in paragraph (3) of this\n\nRule, or as appears to the court to be sufficient; or\nProtection of children\n(b)    (i)  a child would be the subject of the application; and\n(ii)  that child or another child of the family who is living with that child\nis currently the subject of enquiries by the department under section\n50 of the Children Act (as amended and revised); or\nUrgency\n(c)  the application must be made urgently because \u2013\n(i)  there is risk to the life, liberty or physical safety of the applicant or\nthe applicant\u2019s family or the applicant\u2019s home; or\n(ii)  any delay caused by attending a MIAM would cause \u2013\n(a)  a risk of significant harm to a child;\n(b)  a risk of unlawful removal of a child from the Islands, or a risk\nof unlawful retention of a child who is currently outside of the\nIslands;\n(c)  a significant risk of a miscarriage of justice;\n(d)  unreasonable hardship to the applicant; or\n(e)  irretrievable problems in dealing with the dispute (including the\nirretrievable loss of significant evidence); or\nPrevious MIAM attendance or previous MIAM exemption\n(d)    (i)    in the 4 months prior to making the application, the person attended\na MIAM or participated in another form of non-court dispute\nresolution relating to the same or substantially the same dispute; or\n(ii)  at the time of making the application, the person is participating in\n\nanother form of non-court dispute resolution relating to the same or\nsubstantially the same dispute; or\n(e)     (i)  in the 4 months prior to making the application, the person filed a\n\nrelevant family application confirming that a MIAM exemption\napplied; and\n(ii)  that application related to the same or substantially the same dispute;\nor\n(f) (i) the application has been made in existing proceedings which\nare continuing; and\n(ii)  the applicant attended a MIAM in those proceedings; or\n\nSCHEDULE 1\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 12\nConsolidated as at 31st December, 2022\nc\n\n(g) (i)\nthe application has been made in those proceedings which are\ncontinuing; and\n(ii)  a MIAM exemption applied to the application for those proceedings;\nor\nOther\n(h)    (i)  there is evidence that the applicant is bankrupt, as specified in\nparagraph (4) of this Rule; and\n(ii)  the proceedings would be for a financial remedy; or\n(i)  the applicant does not have sufficient contact details for any of the\nrespondents to enable a family mediator to contact any of the respondents\nfor the purpose of scheduling the MIAM; or\n(j)  the application would be made without notice; or\n (k)     (i)  the applicant is, or all of the respondents are, subject to a disability\nor other inability that would prevent attendance at a MIAM unless\nappropriate facilities can be offered by a family mediator; and\n(ii)  the applicant has contacted at least three family mediators, and each\nof them has stated that they are unable to provide such facilities; and\n(iii) the names, postal addresses and telephone numbers or e-mail\naddresses for such family mediators, and the dates on which they\nwere contacted, can be provided to the court if requested; or\n(l)  the applicant or all of the respondents cannot attend a MIAM because they\nare, as the case may be \u2014\n(i)  in prison or any other institution in which they are required to be\ndetained;\n(ii)  subject to conditions of bail that prevent contact with the other\nperson; or\n(iii)  subject to a prohibited steps order in relation to the other person; or\n(m)  the applicant or all of the respondents are not ordinarily resident in the\nIslands; or\n(n)  a child is one of the parties.\n(o)  [No rule].\n(2)  [No rule]\n(3)  The forms of evidence of domestic violence referred to in paragraph (1)(a) of\nthis Rule include \u2014\n(a)  a relevant unspent conviction for a domestic violence offence;\n (b)  a relevant police caution for a domestic violence offence given within the\ntwenty four month period immediately preceding the date of the\napplication;\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 1\n\nc\nConsolidated as at 31st December, 2022\nPage 13\n\n(c)  evidence of relevant criminal proceedings for a domestic violence offence\nwhich have not concluded;\n(d)  a report from the RCIPS Family Support Unit that, within the twenty four\nmonth period immediately preceding the date of the application, a\ncomplaint was made to the RCIPS of relevant domestic violence;\n(e)  a relevant protection order or a relevant occupation order, or undertaking\nto the court equivalent to the same, which is in force or which was granted\nwithin the twenty four month period immediately preceding the date of the\napplication;\n(f)  evidence that a party is on police bail for a domestic violence offence;\n(g)  a copy of a finding of fact, made in proceedings in the Islands within the\ntwenty four month period immediately preceding the date of the\napplication, that there has been domestic violence giving rise to a risk of\nharm by one party to another party;\n(h)  a letter or report from a health professional who has access to the medical\nrecords of a party confirming that that professional, or another health\nprofessional \u2014\n(i)  has examined any party in person within the twenty four month\nperiod immediately preceding the date of the application; and\n(ii)  was satisfied following that examination that that party had injuries\nor a condition consistent with those of a victim of domestic violence;\n(i)  a letter from the Director of the department confirming that, within the\ntwenty four month period immediately preceding the date of the\napplication, that \u2014\n(i)  the applicant is, or was, a client of the department;\n(ii)  the department had identified domestic violence as a feature of the\napplicant's circumstances; and\n(iii)  the applicant appeared to be a victim of domestic violence.\n(j)  a letter from the Director of the Department of Counselling Services\nconfirming that, within the twenty four month period immediately\npreceding the date of the application, the applicant had sought or received\ncounselling in respect of domestic violence;\n(k)  a letter from the Director of the Family Resource Centre confirming that,\nwithin the twenty four month period immediately preceding the date of the\napplication, the applicant had sought or received counselling, assistance or\nadvice in respect of domestic violence\n(l)  a letter or report from the Cayman Islands Crisis Centre confirming \u2013\n(i)  that within the twenty four month period immediately preceding the date\nof the application, any party had been accommodated in a refuge;\n\nSCHEDULE 1\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 14\nConsolidated as at 31st December, 2022\nc\n\n(ii)  the dates on which that party was admitted to and, if applicable, left the\nrefuge; and\n(iii)  that that party was admitted to the refuge because of allegations by\nthat party of domestic violence;\n(m)  a letter or report from the Cayman Islands Crisis Centre confirming \u2013\n(i)  that a party was, within the twenty four month period immediately\npreceding the date of the application, refused admission to a refuge\non account of there being insufficient accommodation available in\nthe refuge; and\n(ii)  the date on which that party was refused admission to the refuge;\n(n)  a letter or report from \u2014\n(i)  the person to whom the referral described below was made;\n(ii)  the health professional who made the referral described below; or\n(iii)  a health professional who has access to the medical records of a party,\nconfirming that there was, within the twenty four month period\nimmediately preceding the date of the application, a referral by a\nhealth professional of a party to a person who provides specialist\nsupport or assistance for victims of, or those at risk of, domestic\nviolence;\n(o)  evidence of a relevant court order binding over a party in connection with\na domestic violence offence, which is in force or which was granted within\nthe twenty four month period immediately preceding the date of the\napplication.\n(4)  The forms of evidence referred to in paragraph (1)(h) of this Rule are \u2014\n(a)  a petition by the applicant for a bankruptcy order;\n(b)  a petition by a creditor of the applicant for a bankruptcy order; or\n(c)  a bankruptcy order (provisional or absolute) in respect of the applicant.\n8.\nThe First Appointment Hearing before the Grand Court or the initial hearing\nof a Relevant Family Application before the Summary Court\n8.\n(1) If a MIAM exemption has been claimed or if the court discerns that the case is\nunsuitable for mediation because an unclaimed ground for exemption exists, the\ncourt will, if appropriate when making a decision on allocation, and in any event\nat the first appointment hearing, inquire into whether the exemption was validly\nclaimed.\n\n(2) If the court finds that no MIAM exemption has been claimed or the MIAM\nexemption was not validly claimed, it will \u2014\n(a)  direct the parties, to attend a MIAM at a set time on a set date; and\n(b)  adjourn the proceedings to enable a MIAM to take place.\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 1\n\nc\nConsolidated as at 31st December, 2022\nPage 15\n\nProvided that, the Summary Court may, if it considers that all the matters raised\nby a relevant financial proceedings are plainly likely to be capable of resolution\nexpeditiously and summarily, the MIAM requirement should not apply to that\napplication.\n(3) In making a decision under Rule 9 (2), the court will have particular regard to \u2013\n(a)  any applicable time limits;\n(b)  the reason or reasons why the MIAM exemption was not validly claimed;\n(c)  the applicability of any other MIAM exemptions; and\n(d)  the number and nature of issues that remain to be resolved in the\nproceedings.\n9.\nConduct of MIAMs\n9.\n(1) Only a family mediator may conduct a MIAM.\n\n(2)  At the MIAM, the family mediator must\n(a)  provide information about the principles, process and different models of\nmediation, and information about other methods of non-court dispute\nresolution;\n(b)  irrespective of whether the court has referred the matter to a MIAM, assess\nthe suitability of mediation as a means of resolving the dispute;\n(3)  If the family mediator determines that the matter is suitable for mediation \u2014\n(a)  if the relevant family application includes proceedings for a financial\nremedy, then the family mediator must direct the parties to file and\nexchange Forms for financial disclosure no later than 21 days after the date\nof the MIAM; and\n(b)  if the family mediator has directed the parties to deliver to the mediation\noffice their position statements, then the family mediator must direct the\nparties to do so on a date no later than 7 calendar days prior to the\nmediation appointment. The position statements are for the family\nmediator only and any party's position statement may only be provided to\nanother party with the former's consent; and\n(c)  the family mediator must provide the parties with a date for the first\nmediation appointment, that should ordinarily be no later than 28 days\nafter the date of the MIAM.\n(4)  If the parties indicate to the family mediator at the MIAM that they will use a\nprivate-sector mediator then no directions pursuant to Rule s9(3)(a) and (b) will\nbe made.\n(5)  Within 7 calendar days of the date of the MIAM the family mediator shall file a\nMIAM report form at the mediation office and in the case court file concerning\nthe outcome of the MIAM or MIAMs.\n\nSCHEDULE 1\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 16\nConsolidated as at 31st December, 2022\nc\n\n(6)  For the purposes of paragraphs (2) and (4) of this Rule, if the applicant and the\nrespondent (or respondents) attend or are due to attend different MIAMs then\nreferences to the \"date of the MIAM\" shall mean the date of the last MIAM.\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 2\n\nc\nConsolidated as at 31st December, 2022\nPage 17\n\n SCHEDULE 2\nForm MIAM 1: Application for Exemption from Mediation Information\nand Assessment Meeting\nFull name of Applicant(s)\n\nFull name of Respondent(s)\n\nIf you are seeking an exemption from attending a mediation information and assessment meeting\n(MIAM) you must choose from the following boxes in respect of your application, then proceed to\ncomplete the relevant section(s):\n1.\nIt is for a consent order;\n\u2610\n\n2.\nYou have evidence of relevant domestic violence;\n\u2610\ngo to section 2\n3.\nThere is a need to protect children;\n\u2610\ngo to section 3\n4.\nIt is urgent;\n\u2610\ngo to section 4\n5.\nYou have a MIAM exemption; or\n\u2610\ngo to section 5\n6.\nYou have previously attended a MIAM or previously obtained a\nMIAM exemption;\n\u2610\ngo to section 5\n7.\nOther.\n\u2610\ngo to section 7\n\nApplicant's claim for Exemption\n\n2. Domestic Violence\nYou confirm that at the first hearing you will be able to provide to the Court evidence that shows\nrelevant domestic violence, in the form of any of the following \u2014\n\u2022 a relevant unspent conviction for a domestic violence offence;\n\u2610\n\u2022 a relevant police caution for a domestic violence offence given within the twenty\nfour month period immediately preceding the date of the application;\n\u2610\n\u2022 evidence of relevant criminal proceedings for a domestic violence offence which\nhave not concluded;\n\u2610\n\u2022 a report from the RCIPS Family Support Unit that, within the twenty four month\nperiod immediately preceding the date of the application, a complaint was made to\nthe RCIPS of relevant domestic violence;\n\u2610\n\nSCHEDULE 2\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 18\nConsolidated as at 31st December, 2022\nc\n\n\u2022 a relevant protection order or a relevant occupation order, or undertaking to the court\nequivalent to the same, which is in force or which was granted within the twenty four\nmonth period immediately preceding the date of the application;\n\u2610\n\u2022 evidence that a party is on police bail for a domestic violence offence;\n\u2610\n\u2022 a copy of a finding of fact, made in proceedings in the Islands within the period\nimmediately preceding the date of the application, that there has been domestic\nviolence giving rise to a risk of harm by one party to another party;\n\u2610\n\u2022 a letter or report from a health professional who has access to the medicalrecords of\na party confirming that that professional, or another health professional \u2014\n\n* has examined any party in person within the twenty four month period\nimmediately preceding the date of the application; and\n\u2610\n\n* was satisfied following that examination that that party had injuries or a\ncondition consistent with those of a victim of domestic violence;\n\u2610\n\u2022 a letter from the Director of the Department for Children and Family Services\nconfirming that, within the twenty four month period immediately preceding the date\nof the application, that \u2014\n\n* you are, or were, a client of the Department;\n\u2610\n\n* the Department had identified domestic violence as a feature of your\ncircumstances; and\n\u2610\n\nyou appeared to be a victim of domestic violence.\n\u2610\n\u2022 a letter from the Director of the Department of Counselling Services confirming\nthat,within the twenty four month period immediately preceding the date of the\napplication, you had sought or received counselling in respect of domestic violence;\n\u2610\n\u2022 a letter from the Director of the Family Resource Centre confirming that, within the\ntwenty four month period immediately preceding the date of the application, you had\nsought or received counselling, assistance or advice in respect of domestic violence;\n\u2610\n\u2022 a letter or report from the Cayman Islands Crisis Centre confirming \u2014\n\n* that within the twenty four month period immediately preceding the date\nof the application, any party had been accommodated in a refuge;\n\n* the dates on which that party was admitted to and, if applicable, left the\nrefuge; and\n\n* that the party was admitted to the refuge because of allegations by that\nparty of domestic violence;\n\n* that a party was, within the twenty four month period immediately\npreceding the date of the application, refused admission to a refuge on\naccount of there being insufficient accommodation available in the refuge;\nand\n\u2610\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 2\n\nc\nConsolidated as at 31st December, 2022\nPage 19\n\n* the date on which that party was refused admission to the refuge;\n\u2610\n\u2022 a letter or report from \u2014\n\n* the person to whom the referral described below was made;\n\u2610\n\n* the health professional who made the referral described below; or\n\u2610\n\n* a health professional who has access to the medical records of a party,\n\n\u2022 confirming that there was, within the twenty four month period immediately\npreceding the date of the application, a referral by a health professional of a party to\na person who provides specialist support or assistance for victims of, or those at risk\nof, domestic violence;\n\u2610\n\u2022 evidence of a relevant court order binding over a party in connection with a domestic\nviolence offence, which is in force or which was granted within the twenty four month\nperiod immediately preceding the date of the application.\n\u2610\n\n3. Protection of children\nYou confirm that in respect of a child who is the subject of your application that child,\nor another child of the family who is living with that child, is the subject of enquiries\nby the Department for Children and Family Services under section 50 of the Children\nAct (2012 Revision).\n\u2610\n\n4. Urgency\nYou confirm that your application is urgent because \u2014\n\n\u2022 there is risk to the life, liberty or physical safety of you or your family or your home;\nor\n\u2610\n\u2022 any delay caused by attending a MIAM would cause \u2014\n\n* a risk of significant harm to a child;\n\n* a risk of unlawful removal of a child from the Islands, or a risk of unlawful\nretention of a child who is currently outside of the Islands;\n\u2610\n\n* a significant risk of a miscarriage of justice;\n\u2610\n\n* unreasonable hardship to you; or\n\u2610\n\n* irretrievable problems in dealing with the dispute (including the\nirretrievable loss of significant evidence).\n\u2610\n\n5. Previous MIAM attendance or MIAM exemption\nYou confirm that \u2014\n\nSCHEDULE 2\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 20\nConsolidated as at 31st December, 2022\nc\n\n\u2022 in the 4 months prior to making the application, you attended a MIAM or participated\nin another form of non-court dispute resolution relating to the same or substantially the\nsame dispute;\n\u2610\n\u2022 at the time of making the application, you are participating in another form of noncourt dispute resolution relating to the same or substantially the same dispute;\n\u2610\n\u2022 in the 4 months prior to making the application, you filed a relevant family application\nconfirming that a MIAM exemption applied and\n\u2610\n\n* that application related to the same or substantially the same dispute; or\n\u2610\n\n* the application would be made in existing proceedings which are\ncontinuing; or\n\u2610\n\u2022 the applicant attended a MIAM in those proceedings\n\u2610\n\u2022 the application would be made in existing proceedings which are continuing; and a\nMIAM exemption applied to the application for those proceedings;\n\u2610\n\n6. Other\nYou confirm that \u2014\n\u2610\n\u2022(For proceedings for a financial remedy) At the first hearing you will be able to\nprovide to the Court evidence that the applicant is bankrupt (see rule 8(4) for\ndocuments acceptable)\n\u2610\n\u2022 You do not have sufficient contact details for any of the respondents to enable the\nfamily mediator to contact any of them for the purpose of scheduling a MIAM;\n\u2610\n\u2022 You are applying without notice to the respondent(s);\n\u2610\n\u2022 You or the respondent(s) are subject to a disability or another inability that would\nprevent attendance at a MIAM unless appropriate facilities can be offered by the family\nmediator;and you have contacted at least three family mediators and they have stated\nthat they are unable to provide such facilities; and you are able to provide to the Court\nthe names of those family mediators, their contacts details, and the dates on which you\ncontacted them.\n\u2610\n\u2022 You and\/or the respondent(s) are in prison or are detained in another institution; or\nare subject to bail conditions which would prevent contact with the other person; or\nare subject to a licence which would prohibit contact with the other person;\n\u2610\n\u2022 You or all of the respondents are not ordinarily resident in the Islands;\n\u2610\n\u2022 One of the parties is a child;\n\u2610\n\u2022 You have contacted at least three family mediators, and all of them have stated that\nthey are not available to conduct a MIAM within 15 days of the date of contact, and\n\u2610\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 2\n\nc\nConsolidated as at 31st December, 2022\nPage 21\n\nyou are able to provide to the Court the names of those family mediators, their contacts\ndetails, and the dates on which you contacted them.\n\n________________________________________\nApplicant's signature\n\n________________________________________\nFull Name (or name of Attorney)\n\n________________________________________\nSignature of Attorney\n\n_____________________________\nDated\n\nSCHEDULE 3\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 22\nConsolidated as at 31st December, 2022\nc\n\n SCHEDULE 3\nForm MIAM 2: Family Mediator\u2019s Certificate\n\nThis section only applies where an applicant has claimed that (s)he is exempt from attendance\nat a MIAM or confirms that (s)he has attended a MIAM.\n\nA. MIAM exemption(s) apply(ies)\n\nI am satisfied that the following MIAM exemption(s) apply:\n\n\u2022 mediation is not suitable as a means of resolving the dispute because none of\nthe respondents is willing to attend a MIAM; or\n______\n\u2022 mediation is not suitable as a means of resolving the dispute because all of\nthe respondents failed without good reason to attend a MIAM appointment; or\n______\n\u2022 mediation is otherwise not suitable as a means of resolving the dispute\n______\n\nB. Applicant has previously attended a MIAM\n\nI confirm:\n\n\u2022 the applicant only attended a MIAM\n______\n\u2022 the applicant and the respondent(s) together attended the MIAM;\n______\n\u2022 the applicant and the respondent(s) have each attended separate MIAMs; or\n______\n\u2022 the respondent(s) has(have) made or is(are) making arrangements to attend a\nseparate MIAM.\n______\n\nAnd I also confirm that mediation or other form of non-court dispute resolution is not\nproceeding because:\n\n\u2022 the applicant has attended a MIAM alone and:\n\n* (s)he does not wish to start or continue mediation; or\n______\n\n* I have determined that mediation is unsuitable as a means of\nresolving the dispute.\n______\n\u2022 both the applicant and the respondent(s) have attended a MIAM\n(separately or together) and:\n\n* the applicant does not wish to start or continue mediation; or\n______\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 3\n\nc\nConsolidated as at 31st December, 2022\nPage 23\n\n* the respondent(s) does(do) not wish to start or continue mediation;\nor\n______\n\n* I have determined that mediation is unsuitable as a means of\nresolving the dispute.\n______\n\u2022 Mediation has started, but it has:\n\n* broken down; or\n______\n\n* concluded with some or all issues unresolved.\n______\nC. Following the information session, mediation is to be pursued.\n______\n\n______________________________________________\nFamily Mediator's signature\n\n__________________________________________\nFull name of Mediator\n\n______________________________________________\nAddress\n\n___________________________\nDate\n\nSCHEDULE 4\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 24\nConsolidated as at 31st December, 2022\nc\n\n SCHEDULE 4\nForm MIAM 3: Financial Disclosure Booklet\n\nFiling in this booklet \u2013 General Guidance\n\nThe financial disclosure booklet is in two parts. Initially, there is a form for your completion. Behind it, there\nis a Certificate of Compliance, outlining what documents you have provided to the other party. The first form,\nFinancial Disclosure Form and the Certificate of Compliance must be filed with the Court.\n\nThe documents you provide with your Certificate of Compliance ARE NOT FILED WITH THE COURT.\n\nThis booklet is designed to help you draw together all your financial information and to help you think about\nyour finances. Your mediator needs this information to help you discuss options for the resolution of your\ncase.\n\nDo not be put off by the detail requested. It may be that not all the financial detail requested applies to you.\nWhere any section is \u201cnot applicable\u201d, write \u201cN\/A\u201d.\n\nIf you find there is not enough space to list your response completely, please write \u201csee attached\u201d and add the\nadditional items on the back of the sheet or on additional pages that you attach.\n\nQuestions you may have:\n\nWHY IS IT NECESSARY TO COMPLETE THE BOOKLET?\nIt is essential that discussions in mediation take place with full knowledge of each other\u2019s finances and other\nrelevant circumstances.\n\nDO I HAVE TO INCLUDE EVERYTHING?\nYes, you should include everything in your name or your joint names, or in your name with another person.\nThis should include any assets or debts in this country or in any other country. If in doubt, include it at this\nstage and it can be discussed further in the course of mediation.\n\nWHAT HAPPENS AFTER I HAVE FILED THE BOOKLET?\nA copy of this form will be given to your spouse\/partner. You will receive a copy of that party\u2019s form and\ndocuments also.\n\nPlease fill in this form as fully and accurately as possible. Disclosure must for full, frank and complete and\nmust include all assets, debts, income and expenses. Without this, it could mean that any proposals you develop\nmight be at risk or could be set aside by the Court.\n\nDo not include your position or any proposals for resolution. These issues will be discussed in mediation.\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 4\n\nc\nConsolidated as at 31st December, 2022\nPage 25\n\nSection 1: About you\nFull legal name\n\nDate of birth\n\nDate of marriage (if\napplicable)\n\nDate of cohabitation with\nthe opposing party\n\nDate of separation (if\napplicable)\n\nAre you residing with a\nthird party other than your\nspouse and, if so, are you\nproviding support to that\nperson(s) or are they\nproviding support for\nyou?\n\nIf so, please outline the person(s) and support\n\nSCHEDULE 4\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 26\nConsolidated as at 31st December, 2022\nc\n\nSection 2: Children\nChildren\nof\nthis\nrelationship:\nNames and ages:\n\nAs to each child, with whom does the child reside:\n\nAs to each, school attending:\n\nChildren\nof\nother\nrelationships:\nNames and ages:\n\nAs to each child, with whom does the child reside:\n\nAs to each, school attending:\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 4\n\nc\nConsolidated as at 31st December, 2022\nPage 27\n\nSection 3: Employment\nWhere are you employed or\nare you self-employed:\nEmployer's name and address:\n\nNature of your employment:\n\nIf you are self-employed, nature of your employment:\n\nAs to your wage:\nWhat are you paid and how often:\n\nAs to self-employment\nWhat is your overall income:\n\nWhat business expenses do you have in order to\nobtain that overall income:\n\nWhat other benefits do you\nhave\nthrough\nyour\nemployment?\nList other benefits and amounts thereof:\nIf you are unemployed, are\nthere any health issues that\nrelate\nto\nyour\nunemployment?\nPlease outline, if applicable:\nIf you are unemployed and\nthere are no health issues,\nwhat efforts have you made\nto be employed or why are\nyou not currently seeking\nemployment?\nPlease outline, if applicable:\n\nSCHEDULE 4\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 28\nConsolidated as at 31st December, 2022\nc\n\nSection 4: Assets\nReal Estate owned:\nAs to each:\nLocation:\nHow titled:\nValue:\nReal Estate Charges\/Mortgages:\nAs to each property:\nTo what bank or other entity owed:\nBalance owed:\nMonthly payment:\nBank\nand\nother\nfinancial\naccounts:\nList per account, citing last three numbers of\neach account:\nName of bank or other entity:\nHow account is titled:\nHighest balance in the last six months:\nCurrent balance:\nPension:\nAs to each pension:\nWhere is it held:\nCurrent balance:\nWas any portion received before marriage and,\nif so, what portion:\nAutomobiles:\nHow titled:\nVehicle: make and year\nEstimated value:\nLien, if any:\nOther\nassets\nvalued\nover\nCI$1,000:\nList per asset:\nAsset:\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 4\n\nc\nConsolidated as at 31st December, 2022\nPage 29\n\nOther assets, cont.\nPer asset, how titled, if titled:\nValue as to each:\nClaims that any asset is non-marital\nAs per asset:\nAsset:\nHow titled:\nBasis for claim:\nClaim of extraordinary contribution\nWhat asset:\nBasis for claim:\n\nSection 5: Debts\nOutline any existing debts that were\nincurred during the course of the\nmarriage:\nAs to each debt:\nWhat entity is owed:\nHow much is owed:\nWhat comprises the debt:\nWho incurred the debt:\nAmount paid against the debt monthly:\nOutline any debts that were incurred\nprior to the marriage\nAs to each debt:\nWhat entity is owed:\nHow much is owed:\nWhat comprises the debt:\nWho incurred the debt:\nAmount paid against the debt monthly:\n\nSection 6: Other\nIs there any other fact or circumstance which you believe carries weight in the handling\nof your case?\n\nSCHEDULE 4\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 30\nConsolidated as at 31st December, 2022\nc\n\nSection 7: Income and expenses\nPER CALENDAR MONTH\n\nSalary\n\nOvertime\n\nIncome from self-employment\n\nIncome from government assistance\n\nRental income\n\nIncome from government assistance\n\nOther income\n\nTOTAL INCOME\n\nPER CALENDAR MONTH\n\nPension contributions\n\nHealth insurance for yourself\n\nHealth insurance for your spouse\n\nHealth insurance for your children\n\nPayments on an existing maintenance\norder\n\nTOTAL DEDUCTIONS\n\nPER CALENDAR MONTH\nHOME OVERHEAD\nMortgage or rent\n\nHome insurance\n\nStrata, HOA or other homeowner fees\n\nElectricity\n\nWater\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 4\n\nc\nConsolidated as at 31st December, 2022\nPage 31\n\nOther utilities:\n\nRepairs\n\nSUB-TOTAL\n\nPER CALENDAR MONTH\nHOUSEHOLD\nGroceries\n\nHousehold help\/maid\n\nHousehold cleaning supplies\n\nInternet\n\nTV programming\n\nYard maintenance\n\nOther: please list\n\nOther: please list\n\nSUB-TOTAL\n\nPER CALENDAR MONTH\nPERSONAL\nClothing\n\nShoes\n\nToiletries and cosmetics\n\nPharmaceutical\n\nUncovered medical and therapeutic\n\nHair dressing\n\nMedical\n\nDental\n\nOptical\n\nLaundry\/dry cleaning\n\nWork lunches\n\nSubscriptions\n\nProfessional groups\n\nMobile phone\n\nAuto lien\n\nAuto tag\/license\n\nAuto insurance\n\nSCHEDULE 4\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 32\nConsolidated as at 31st December, 2022\nc\n\nAuto gas\n\nAuto repairs\n\nMeals out\n\nEntertainment\n\nSports\n\nVacations\n\nGifts at holidays\n\nGifts for special occasions\n\nOther: please identify\n\nOther: please identify\n\nSUB-TOTAL\n\nPER CALENDAR MONTH\nCHILD(REN) EXPENSES\nSchool fees\n\nNursery fees\n\nNanny\n\nNanny work permit\n\nNanny insurance\n\nNanny pension\n\nNanny other\n\nBabysitting\n\nTutoring\n\nSchool trips\n\nSchool clothing\n\nSchool parties\/teacher gifts\n\nExtracurricular sports\n\nExtracurricular music\n\nBooks and craft materials\n\nClothing\n\nShoes\n\nToiletries\n\nUncovered medical\/therapeutic\n\nUncovered dental\/orthodontia\n\nUncovered prescription\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 4\n\nc\nConsolidated as at 31st December, 2022\nPage 33\n\nHoliday gifts\n\nBirthday gifts\n\nParties for other children\n\nSummer camp\n\nVacations\n\nOther: please identify\n\nOther: please identify\n\nOther: please identify\n\nSUB-TOTAL\n\nPER CALENDAR MONTH\n\nOverall income\n\nOverall expenses\n\nNet (deficit)\n\nSet out BRIEFLY any other matters which you think may be relevant to your\napplication for financial provision for yourself and\/or a child(ren) or for the variation\nof financial provision for yourself and\/or a child(ren).\n\n_________________________________________________________\nSigned\n\nDate: ______________________________________\n\nSCHEDULE 4\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 34\nConsolidated as at 31st December, 2022\nc\n\nINSTRUCTIONS FOR COMPLETION OF A CERTIFICATE OF COMPLIANCE\nWITH MANDATORY DISCLOSURE\n\nWhen should this form be used?\nMandatory disclosure requires each party in a family law case where financial orders are sought,\nto provide the other party with certain financial information and documents.\n\nThese documents must be exchanged with the other party within 30 days of attending a MIAM.\nThe mandatory disclosure rule applies to all original proceedings and to summons to vary,\nexcept where the Respondent is served by constructive service and does not answer.\n\nYou should use this form to notify the court and the other party that you have complied with\nthe mandatory disclosure requirement.\n\nEach party must provide the other party with the documents listed on this form, regardless of\nwhether it is an initial or subsequent proceeding. This does not apply to actions for enforcement.\n\nONLY THE ORIGINAL OF THE COMPLETED CERTIFICATE IS FILED WITH\nTHE COURT\n\nEXCEPT FOR THE STATEMENT OF MEANS, NO DOCUMENTS SHALL BE FILED\nIN THE COURT FILE WITHOUT A PRIOR COURT ORDER.\n\nTHE DOCUMENTS LISTED ON THE FORM ARE TO BE GIVEN TO THE OTHER\nPARTY.\nTHERE\nIS\nA\nCONTINUING\nDUTY\nTO\nSUPPLEMENT\nTHIS\nINFORMATION AS NEW INFORMATION ARISES DURING THE PENDENCY OF\nTHE CASE AND UNTIL A FINAL CONSENT ORDER IS ENTERED.\n\nIf a Summons to Vary is filed, seeking modification, then the mandatory disclosure\nrequirements begin again even if previously provided.\n\nThis form should be typed, or printed in black or blue ink.\n\nAfter completing this form, you should file the original with the court registry, and keep a copy\nfor your records. A copy of this form must be exchanged with any other party in your case.\n\nWhat should I do next? After you have provided the other party all of the financial information\nand documents and have filed this form certifying that you have complied with this rule, you\nare under a continuing duty to give promptly the other party any information or documents that\nchange your financial status or that make the information already provided inaccurate.\n\nSpecial notes. You may provide copies of required documents although originals may be\ninspected upon demand.\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 4\n\nc\nConsolidated as at 31st December, 2022\nPage 35\n\nCERTIFICATE OF COMPLIANCE WITH MANDATORY DISCLOSURE\n\nWITH THE CERTIFICATE OF COMPLIANCE WITH MANDATORY DISCLOSURE\nONLY THE ORIGINAL OF THIS COMPLETED FORM IS FILED WITH THE COURT.\nEXCEPT FOR THE STATEMENT OF MEANS, NO DOCUMENTS SHALL BE FILED IN\nTHE COURT FILE WITHOUT A PRIOR COURT ORDER.\n\nI, _____________________________________________ (name), certify that I have\ncomplied with the mandatory disclosure by providing the below checked documents to\nthe opposing party, or his or her attorney, as follows: [Check all that apply]\n\na.\n___ Form: Financial Disclosure Form.\nb.\n___ Pay stubs or other evidence of earned income for each of the preceding 6\nmonths.\nc.\n___ A statement identifying the source and amount of all other income I derived\nfrom any source for the preceding 6 months.\nd.\n___ All loan applications and financial statements prepared on my behalf for any\npurpose or used for any purpose within the preceding 12 months.\ne.\n___ All deeds to real estate in which I presently own or owned an interest within the\npast 3 years and any related charges thereon.\nf.\n___ All promissory notes in which I presently own or owned an interest within the\nlast 12 months.\ng.\n___ All present leases in which I own an interest.\nh.\n___ All periodic statements for the last 6 months for all financial accounts,\nincluding, without limitation, checking, savings, investments accounts, and\/or\ncertificates of deposit.\ni.\n___ All brokerage account statements for the last 12 months.\nj.\n___ Most recent statement for any pension, profit sharing, deferred compensation,\nor retirement in which I have an interest.\nk.\n___ The declaration page, the last periodic statement, and the certificate for any\ngroup insurance for all life insurance policies insuring my life or the life of my\nspouse or child(ren) .\nl.\n___ All health and dental insurance cards covering either me or my spouse and\/or\nour dependent child(ren).\nm. ___ Any corporate, partnership, and\/or trust records for the last 3 years, for any\nentity in which I have an ownership or interest (not including assets owned in an\ninvestment account and otherwise disclosed).\nn.\n___ All credit card and charge account statements and other records showing my\n(our) indebtedness as of the date of the filing of this action and for the prior 3\nmonths.\no.\n___ All promissory notes on which I presently owe or owed within the past year. All\nlease agreements I presently owe.\np.\n____ All premarital and marital agreements between the parties to this case.\n\nSCHEDULE 4\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 36\nConsolidated as at 31st December, 2022\nc\n\nq.\n___ If a Summons to Vary, all written agreements entered into between the parties\nat any time since the order to be modified was entered.\nr.\n ___ All documents and tangible evidence relating to claims for an unequal\ndistribution of marital property, enhancement or appreciation in non-marital\nproperty, or non-marital status of an asset or debt.\ns.\n___ Any court order directing that I pay or receive spousal maintenance or child\nmaintenance from a party unrelated to the parties in this action.\n\nI certify that a copy of each document which complies with the above disclosure was [check all\nused]: ( ) e-mailed ( ) mailed ( ) hand delivered to the person(s) listed below\non_________________________.\n\nOther party or his\/her attorney to whom documents were sent:\nName: _______________________________________\nAddress: ______________________________________\nE-mail Address(es):_______________________________\n\nCertificate of Compliance with Mandatory Disclosure\n\nI, _____________________________________, understand that I am swearing or affirming\nunder oath to the accuracy of my compliance with the mandatory disclosure requirements and\nthat, unless otherwise indicated with specificity, this disclosure is complete. I further\nunderstand that the punishment for knowingly making a false statement or incomplete\ndisclosure includes fines and\/or imprisonment.\n\nSignature: __________________________________________\n\nDated: ____________________\n\nNotary\n\nSworn to or affirmed and signed before me by\n\n________________________________________\nNOTARY PUBLIC or DEPUTY CLERK\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nSCHEDULE 4\n\nc\nConsolidated as at 31st December, 2022\nPage 37\n\nPublication in consolidated and revised form authorised by the Cabinet this 10th\nday of January, 2023.\nKim Bullings\nClerk of the Cabinet\n\nMediation Information and Assessment Rules (2023 Consolidation)\n\nENDNOTES\n\nc\nConsolidated as at 31st December, 2022\nPage 39\n\nENDNOTES\nTable of Legislation history:\nSL #\nAct\/Law #\nLegislation\nCommencement\nGazette\n63\/2020\n\nMediation Information and Assessment Rules, 2020\n(Commencement) Order, 2020\n8-Jan-2020\nGE1\/2020\/s1\n62\/2020\n\nMediation Information and Assessment Rules, 2020\n8-Jan-2020\nGE1\/2020\/s2\n\nENDNOTES\nMediation Information and Assessment Rules (2023 Consolidation)\n\nPage 40\nConsolidated as at 31st December, 2022\nc\n\n(Price: $8.00)","akn_extracted_at":"2026-06-22 15:38:58.576911+00","cms_id":"2020-0062","law_type":"subordinate","year":"2020","number":"62","title":"Mediation Information and Assessment Rules","status":"in_force"},"provenance":{"files":[{"file_id":"5906","expr_id":"715","kind":"akn_xml","filename":"2020-0062_2023 Consolidation.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2020\/2020-0062\/2020-0062_2023 Consolidation.akn.xml","content_md5":"fadd2a800843b225fc62c4b30f5fb74b","byte_size":"53460","http_last_modified":null,"fetched_at":"2026-06-22 15:38:58.725616+00"},{"file_id":"1429","expr_id":"715","kind":"pristine_pdf","filename":"2020-0062_2023 Consolidation.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2020\/2020-0062\/2020-0062_2023 Consolidation.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2020\/2020-0062\/2020-0062_2023 Consolidation.pdf","content_md5":"69248bf824b6f311cbeb2e68beef7b8e","byte_size":"1232557","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.254214+00"},{"file_id":"1430","expr_id":"715","kind":"working_pdf","filename":"2020-0062_2023 Consolidation.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2020\/2020-0062\/2020-0062_2023 Consolidation.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2020\/2020-0062\/2020-0062_2023 Consolidation.pdf","content_md5":"69248bf824b6f311cbeb2e68beef7b8e","byte_size":"1232557","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.254214+00"}],"paragraph_count":6,"latest_history":null},"quality":{"expr_id":"715","doc_id":"715","quality_state":"needs_review","quality_score":"72","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture,verify_commencement_metadata}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample ends abruptly after an omission marker; review for missing content and verify inclusion of non\u2011legislative forms.","assessed_at":"2026-06-22 15:29:45.801414+00","updated_at":"2026-06-22 15:29:45.801414+00"}}