Following the amendments to the Family Procedure Rules that officially came into effect on 29 April 2024, associate Evie Smyth is quoted in Today’s Family Lawyer commenting on the changes which strongly encourage separating couples to first attempt non-court dispute resolution (NCDR) such as mediation, pushing parties to settle disputes out of court.
Evie outlines what has changed, including the introduction of a mandatory form indicating parties' openness to NCDR methods, and the court's new explicit power to adjourn proceedings where parties wish to explore NCDR options. She also explains what happens when a party or parties refuse to engage in NCDR when considering whether to make a costs order.
Evie concludes that it remains to be seen whether the rules will prompt greater uptake of NCDR, emphasising its importance at a time when courts are facing a significant backlog of cases.
Perhaps the strongest tool of encouragement is that courts can now take into account a party’s refusal to attend a MIAM (an initial mediation assessment) or engage in NCDR when considering whether to make a costs order in financial remedy proceedings."
The full article is available to read online on Today’s Family Lawyer.
Evie Smyth is an associate in the family and children team, advising on all areas of family law, including divorce and separation, financial settlements, child arrangements, cohabitation, domestic abuse and pre-nuptial & post-nuptial agreements.
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