Finding A Better Way? : New Rules For Mediation And Dispute Resolution In UK Family Court Proceedings
Recent changes to the Family Procedure Rules in England and Wales aim to encourage parties in family disputes to explore alternatives before resorting to court. Previously, parties considering court applications, like those related to divorce financial settlements or child arrangements, were required to discuss the possibility of mediating with a mediator (MIAM).
The new rules make considering non-court dispute resolution (NCDR) mandatory. While parties can still choose court, they'll need to provide evidence they explored alternatives and why court is their preferred (or only) option. This aims to increase access to mediation and other NCDR methods.
Mediators will now not only explain mediation but also advise on other options like arbitration or private hearings.
The Law Society supports these changes, believing they will better inform parties and reinforce the idea of court as a last resort. Court can be expensive and time-consuming, especially for simpler disputes or communication issues. Alternatives like arbitration or private hearings (particularly for finances) can save time and avoid the court backlog. However, this process may cost significantly more than applying to the court, because the parties will have to fund the cost of the arbitrator or legal professional acting as the private hearing judge, in addition to their own advice and legal representation.
Under the new rules, parties must submit details of their NCDR exploration when making a court application. Failure to do so could result in cost orders against them in financial proceedings.
Therefore, anyone considering family court for finances or child arrangements should seek professional advice on all available options and how to comply with the new NCDR requirements.
Changes to the Family Procedure Rules have the potential to impact a great number of separating couples. Our experienced family law solicitors can guide you through these changes and help you decide the best course of action for your given circumstances. If you need any advice on your separation/divorce, then please contact us and find out from one of our family law experts how we could help. Contact us on 0333 9205911 or fill out a call-back request to explore how we can assist you.
Written by Joanne Bennett
