The Family Procedure (Amendment No 2) Rules 2023 will take effect partly on 8 April 2024, and partly on 29 April 2024. These changes aim to promote the early resolution of private family law arrangements outside of court through non-court dispute resolution.
From 29 April 2024, the definition of ‘non-court dispute resolution’ in FPR 2.3(1)(b) 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’.
FPR 3.9(2) will also be amended to require MIAM (mediation information assessment meeting) providers to inform attendees about the most suitable forms of non-court dispute resolution and provide guidance on how to proceed with those methods. This means that non-court dispute resolution is not limited to just mediation. MIAM providers will assess whether alternate forms of dispute resolution are appropriate. Additionally, references to ‘domestic violence’ will be broadened and amended to ‘domestic abuse’ in accordance with the Domestic Abuse Act 2021. Domestic abuse will still exempt parties from MIAM requirements. However, MIAM exceptions will be tightened up and FPR 3.8(1)(c)(ii)(ad) will change from ‘unreasonable hardship’ to ‘significant financial hardship’.
A new rule, FPR 3.3(1A), will be introduced. It will require parties to file a form with the court and serve it on all other parties in the time period specified by the court. This form will outline the parties’ views on using non-court dispute resolution to resolve the issues raised in the proceedings. This new rule aims to promote the use of non-court dispute resolution and encourage parties to discuss and consider other ways to resolve their disputes. It will also ensure that the court is aware of the parties’ positions on non-court dispute resolution throughout the case.
Previously, FPR 3.4(1)(b) allowed the court to adjourn cases for parties to explore non-court dispute resolution only if the parties were in agreement. However, from 29 April 2024, this provision will be deleted. Instead, an amended FPR 3.4(1A) will provide that where ‘the timetabling of proceedings allows sufficient time for these steps to be taken’, the court may adjourn proceedings to encourage parties to undertake non-court dispute resolution. The agreement of the parties will no longer be required.
In financial remedies cases, the power to encourage parties to undertake non-court dispute resolution will be backed with an amended FPR 28.3(7), which will explicitly state that failing to engage in non-court dispute resolution without good reason could lead to a departure from the general starting point that there should be no order as to costs.
It is hoped that these rule changes will encourage judges, practitioners, and parties to keep at the forefront of their minds the possibility of resolving disputes away from the court.
