What has changed?
Under Family Procedure Rule 2.3(1)(b) the definition of ‘non-court dispute resolution’ was broadened to now include, arbitration, evaluation by a neutral third party (such as private financial dispute resolution), collaborative law and mediation.
In addition, under Family Procedure Rule 3.3 (1A) parties will now be required to file a form, at Court and serve on all parties, setting out their views on the use of non court dispute resolution. The emphasis being on making parties continually consider, and where necessary re-consider, if there are any other effective ways to find a resolution, outside of the Court arena.
A further amendment is that the legislation now also gives the Court power to scrutinise a parties lack of engagement with non court dispute resolution, with the Court having the ability to adjourn cases where the “timetabling of proceedings allows sufficient time for these steps to be taken” until parties have either attempted, or re-attempted mediation under Family Procedure Rule 3.4(1A), even if there is not agreement of the parties to do so.
The Court also have the ability to depart from the ‘no order as to costs’ principle where there is no ‘good reason’ as to ‘why alternative non court dispute resolution methods could have been used and have not been utilised’ under Family Procedure Rule 28.3(7).
What does this mean in practice?
The emphasis is clear – Court proceedings should be a last resort. The Courts increasing powers to pause proceedings, question why alternative non court dispute resolution methods have not been used and depart from ‘no order as to costs’ clearly shows that moving forward it will be the expectation of the Court that parties will have at least fully considered, providing an explanation of their reasoning, and attempted alternative dispute resolution methods, save for where it is not appropriate to do so, in order to hopefully achieve an outcome outside of the Court arena.
Such action will, it is hoped, ease the pressure on the already overloaded judicial system and could lead to much swifter agreements/remedies for parties, but until the Court commence using such powers, it is unclear as to how far the Court will utilise their new powers and the extent to which they will scrutinise the use of non court dispute resolution until the courts start implementing it and cases are reported. It is certainly a new landscape for the Courts in contested family proceedings.
What should I do?
If you find yourself currently in circumstances where you are struggling to find the path forward to resolution following the unfortunate breakdown of your relationship and need advice as to where you stand in relation to children matters, finances, divorce or separation, please do not hesitate to contact the family team at Rothera Bray who will be able to hope you navigate those first steps towards finding a solution.
Please do not hesitate to contact one of the highly experienced lawyers in the Family Team at Rothera Bray Solicitors on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers
