Changes to the Family Procedure Rules are coming into effect on the 8th and 29th April 2024. The purpose of these changes is to promote early resolution of private family law matters, such as finances on divorce and children’s arrangements, outside of the court, through non-court dispute resolution.
As of 29th April, the definition of “non-court dispute resolution” will be expanded to mean “methods of resolving a dispute other than through the court process, including but not limited to mediation, arbitration, evaluation by a neutral third party (such as a private Financial Dispute Resolution Process) and collaborative law”.
What are the amendments?
- FPR 3.9(2) will be amended to require MIAM (mediation information and assessment meeting) providers to inform attendees about the most suitable forms of non-court dispute resolution together with guidance on house to proceed with those methods.
- MIAM providers will assess whether alternate forms of ADR (alternative dispute resolution) are appropriate.
- References to domestic violence will be amended to domestic abuse and domestic abuse will still exempt parties from MIAM requirements.
- MIAM exemptions will be tightened and changed from ‘’unreasonable hardship’ to ‘significant financial hardship’.
- FPR 3.4(1)(b) which allowed for the court to adjourn cases for parties to explore ADR in circumstances where the parties agree, will be amended by FPR 3.4(1A) allowing the court (where timetabling allows) to adjourn matters for the parties to consider ADR, without their agreement.
- In financial remedy cases, FPR 28.3(7) will be amended to explicitly state that failing to engage in non-court dispute resolution, without good reason, may lead to costs orders being made against parties.
What’s new?
A new rule FPR 3.3(1A) is to be introduced. This will require parties to file a form with the court and to serve on all other parties, setting out the parties’ views on using non-court dispute resolution to resolve the issues raised within the proceedings.
The aim is to promote the use of non-court dispute resolution and to encourage parties to discuss and consider other ways in which to resolve their disputes.
How does this impact you?
Whilst these changes to the Family Procedure Rules may seem like a sea change, at Swinburne Maddison our family team prides themselves on exploring all avenues available to resolve private family disputes quickly, effectively and with a view to achieving the best outcomes for our clients through various forms of ADR. As such our team readily use ADR in most of their cases including mediation, arbitration, private FDR’ and Collaborative Law.
If you are interested in exploring ADR further or have any questions regarding the changes to the Family Procedure Rules and the impact upon you, please do not hesitate to contact Managng Associate Catherine Lowther by email at cel@swinburnemaddison.co.uk or by phone at 0191 384 2441.
This article is for general information only. It does not and is not intended to constitute legal or professional advice. The law may have changed since this article was published and we would always recommend that you seek specific advice on any legal issue.
