On 29th April 2024 significant changes to the Family Procedure Rules (FPR) took effect.
WHAT ARE THE CHANGES?
The most significant change includes a wider definition of the meaning of Non-Court Dispute Resolution (NCDR) to encompass all methods of out of court resolutions to include:
- Mediation
- A Collaborate approach
- Arbitration, and;
- Private Financial Dispute Resolutions
HOW WILL THEY AFFECT ME?
When making an application to the Court you will now need to file and send to your former spouse or partner, and to the Court, a form setting out your views regarding NCDR. Your former spouse or partner will also need to send the same form to you and the Court.
Judges are now advocating out of Court resolutions and will be given wider powers when it comes to making directions about other forms of dispute resolution.
Therefore, failure to engage in NCDR without a genuine and valid reason, in the absence of domestic abuse, can result in the Court considering whether costs orders should be made against the person who is unwilling to engage in NCDR. A Costs Order is where the Judge orders for the party who does not engage in NCDR to pay the other party’s legal costs.
A further change means that exemptions for mediation will be more limited. This means that attendance at a Mediation Information and Assessment Meeting (MIAM) will almost always be needed, unless in very serious circumstances, before an application can be made.
The changes to the rules also mean that Judges will be given authority to stay proceedings if they think that a form of NCDR would be a more appropriate way of resolving matters. Therefore, this could mean that you could incur legal costs to make an application to Court and attend a hearing, only for NCDR to then be ordered. Therefore, before making an application, you need to think very carefully about whether any forms of NCDR could be more appropriate and be prepared to explain to the Court your reasons if you do not feel NCDR should be considered.
WHY HAVE THE CHANGES BEEN MADE?
The Family Court system has simply been overwhelmed in the last few years, especially since the Coronavirus Pandemic.
The aims of the changes are to encourage parties to arrive at decisions themselves in an amicable way, rather than have outcomes imposed upon them by a Court.
Furthermore, the changes aim to promote an amicable approach to achieve amicable resolutions, to safeguard the children’s well-being and to relieve the pressure from the Family Court.
WHAT OPTIONS DO I HAVE?
Before making an application to the Court you can discuss your case with a solicitor who can explain the different methods of NCDR and identify at an early stage whether NCDR may be a better alternative for you.
Alternatively, you can arrange a Mediation Information and Assessment Meeting (MIAM) with a family mediator. The mediator will be able to provide you information about the mediation process and assess whether this may be suitable for your case. The mediator must also provide you with information about all other forms of NCDR , so that following the MIAM, you are aware of all forms of NCDR and can make an informed decision about the best option for you.
HOW CAN RINGROSE LAW HELP ME?
If you are unsure about the new changes to the Family Procedure Rules or your options about NCDR, we can discuss this with you, assess your case, and be able to provide you with clear information about all the ways in which your matter can be resolved.
We will provide you with an honest assessment of the options available to you so that you can then decide the best way forward for you.
For further information please do not hesitate to contact one of our offices