As legal professionals specialising in family law, we are constantly attuned to shifts in legislation and procedural rules that shape the landscape of our practice. The recent amendments to the Family Procedure Rules 2010 (effective as of 29th April), mark a significant change to conventional approaches to dispute resolution in family matters. With a pronounced emphasis on mediation and other non court dispute resolution methods (NCDR), these changes herald a new era of resolving familial disputes.
Not only has the definition of NCDR been widened to include methods other than mediation which was the previous focus, but there will now be more of an emphasis in most cases on parties making a genuine attempt to deal with matters outside of court, both before and during the course of any proceedings.
One major change is that parties will be required to set out their views on NCDR and if one or both unreasonably refuses there may be cost sanctions.
The court will now be more likely to adjourn proceedings to allow the parties to attempt NCDR whether or not they consent to an adjournment.
Of course, there will be some cases, e.g. where a party alleges domestic abuse, that they will not necessarily be expected to engage in NCDR.
For couples embarking on the tumultuous journey of separating, these amendments reflect a growing recognition within the legal community of the inherent benefits of resolving matters amicably outside of the court arena. Not only can doing so save both parties significant costs, but it can also aid in the preservation of familial relationships, particularly where parties will need to continue to co-parent.
These changes represent a departure from the adversarial ethos that has long characterised our legal system. By encouraging parties to engage in open dialogue and explore creative solutions outside the confines of litigation, these amendments hold the potential to mitigate the emotional and financial toll of going to court.
Some methods of NCDR include:
- Early neutral evaluation.
- Private FDR’s.
- Collaborative law.
As legal practitioners, it is our duty to embrace these changes with diligence and dedication, striving to navigate this new landscape with integrity and empathy for the families we serve.
This article was co-written by Lucy Compton, Senior Paralegal and Laura Stocks, Senior Associate in our Family team.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
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