Recent Rule Changes and Non-Court Dispute Resolution

In the past several years family courts have been inundated with financial and children applications, which has led to the courts becoming very slow to process such applications. Government and the courts themselves have recognised that the court process is expensive, time-consuming and puts a strain on parties throughout the process. Accordingly, recent changes in law and procedure have been created to encourage alternative methods of resolving family disputes. Parties attending independent family mediation has been available for many years now as an alternative method of resolving family disputes, however, the Family Procedure Rules (‘FPR’) were changed on 29 April 2024 to place much greater encouragement on parties to engage in non-court dispute resolution (‘NCDR’).

What changes were made to the Family Procedure Rules?

On 29 April 2024, the FPR were revised, and an amendment was made to Part 3 FPR, which now states that ‘the court must consider, at every stage in proceedings, whether non-court dispute resolution is appropriate’. The rules state that, when the court requires it, a party must file with the court and serve on all the parties, a form setting out their views on using NCDR as a means of resolving the matters raised in the proceedings. The form has a statement of truth attached to it which the parties must sign confirming their views on engaging with NCDR.

Previously, one might inform the court that mediation, for example, was not considered a suitable method for resolving any dispute. However, parties must now provide the court with a valid and good reason explaining why they are not willing to engage with NCDR. There are now risks in terms of legal costs to both parties and their legal representatives should parties fail to seriously consider undertaking some type of NCDR as defined in FPR 2.3(1)(b).

What are the benefits of attending Non-Court Dispute Resolution?

NCDR will not be appropriate in all cases, particularly where there are allegations of domestic abuse. However, where NCDR can be effective, legal practitioners should encourage parties to attempt it in order to keep matters out of court where possible.

NCDR should be seriously considered for the following reasons: –

• Reducing cost – NCDR will be a far cheaper alternative than attending court.

• Reducing acrimony – parties might be at loggerheads and court procedures can antagonize matters and result in increased stress and anxiety for the parties.

• Speeding up the process – court litigation can take many months or even years to complete. Attempting NCDR can save time and result in a much quicker satisfactory outcome.

• Increasing control – when a court has control of proceedings and is asked to determine the outcome, in some cases this can lead to an undesirable outcome. Keeping disputes out of court allows the parties to negotiate an outcome that is acceptable to them both.

• Allowing parents to work together in the interests of their children – if parties have children they will need to cooperate and liaise regarding future arrangements their children. Asking a court to intervene can make future child arrangements much more difficult following contested litigation.

Should you need advice or assistance in relation to resolving financial or children issues following separation from your partner, please contact LDJ Solicitors’ experienced family law team for confidential expert advice.