01329 822 333
Lorem ipsum dolor sit amet, consectetur adipiscing elitusmut labore etsectetur adipiscing dolore magna aliqua 
On 29 April 2024 new Family Procedure Rules came into effect. The changes aim to encourage early resolution of family matters, with a focus on private law children and financial remedy arrangements. The goal is to reduce the burden on the family court and streamline the resolution process.
What is NCDR?
Non court dispute resolution (NCDR) includes arbitration, collaborative law, evaluation by a neutral third party as well as mediation. There is strong encouragement to try and resolve disputes rather than starting a court process.
What has changed?
The rules require parties to submit and file their views on the suitability of using NCDR to resolve their case, i.e. as opposed to using the courts. The aim of this is to promote the use of non-court methods throughout the legal process.
One of the key changes is that mediation will be a requirement in many cases. The intention is to ensure couples engage properly in the mediation process unless there are compelling reasons not to. The hope is that this will reduce the burden on the already heavily congested court system as well as make separating couples better informed about all of the dispute resolution options available to them.
Although it is not compulsory to attend a mediation information and assessment meeting (MIAM) before beginning the court process, the changes will make it harder to avoid attending one.
The rules stop short of making processes such as mediation mandatory, which is appropriate because mediation won’t be suitable in every case, such as those where there has been domestic abuse or material non-disclosure of a party’s financial situation.
What are the consequences if NCDR is refused?
Failure, without good reason, to attend a MIAM or engage in NCDR may result in the court making a costs order. For example, if one party has not seriously considered or engaged with NCDR (where, perhaps, the other party has) they may have an order for costs made against them.
Views of Madeleine Harrington, Senior Solicitor and Mediator at Churchers
I have been a solicitor for over 15 years and a mediator for the last 2 years. I believe these changes are a positive move. With strong judicial encouragement of NDCR and potential financial penalties if a party fails to properly consider or engage in NCDR, any person intending to make a court application or with existing court proceedings will need to give serious consideration to the alternatives to court.
In my experience NCDR is empowering for individuals as it allows you to set your own priorities and provides for a bespoke approach both in relation to how the issues are going to be solved and what the solution will look like. In addition, NDCR will usually provide the quickest route through a dispute for a separating family, and depending on the specific facts of the matter, when providing initial legal advice I encourage clients to start their discussions within an alternative dispute resolution process.
At Churchers we encourage couples contemplating divorce to seek legal advice at an early stage to gain a full picture of the options that are available to them and how those processes work to make a fully informed decision as to the forum which would be most suitable for them and their family.
Call us on 01983 562 201.
