New Amendments Within The Family Procedure Rules: Non-Court Dispute Resolution
The Family Procedure Rules have been revised to further encourage parties to settle outside of Court proceedings.
It is the court’s primary aim to encourage amicable settlements that the parties have agreed amongst themselves. It is believed that a settlement, with the collaboration of the parties, is in the best interest for families. The non-court dispute resolution available to families include mediation, solicitor negotiations, collaborative law, and arbitration. The suitability will be determined by a case-by-case basis.
The new amendments within the Family Procedure Rules took effect on the 29 April 2024. The idea is to promote non-court dispute resolution in private children law and contested financial remedy matters. The following have been implemented:
1.There is now a requirement for each party to file and serve within 7 days before the first on Notice Hearing, a Form FM5. This form is designed so parties can set out their views on engaging with non-court dispute resolutions. The form is varied by a statement of truth.
2.It has been a requirement since 22 April 2014 for parties to attend a Mediation Information & Assessment Meeting (“MIAM”) unless the matter falls within the exemptions. The MIAM is a short meeting where it will establish if the matter is suitable for mediation. In addition, there is now a requirement to guide parties through the available options of non-court dispute resolution and discuss the best option for them given their individual circumstances.
3.Previously, for the court to adjourn proceedings to direct parties to attend a non-court dispute resolution required parties’ consent. Now, the court has a general power to adjourn the proceedings, regardless of consent. This highlights the court’s prevailing aim to avoid court orders, where possible.
If a party fails to engage in non-court dispute resolution without a valid reason, there is risk of costs orders being made. Therefore, solicitors need to be vigilant and make clients aware of the need for cooperation.
Our team of Family Law solicitors are recognised as experts in all aspects of divorce, financial settlement, children’s law and domestic violence. We also have extensive experience in resolving relationship issues and obtaining orders through the court. For more information, visit our Family Law services page, or contact us by calling 01603 666001 or emailing enquiries@rogers-norton.co.uk.