The Family Procedure (Amendment No 2) Rules 2023 came into full force on 29 April 2024. The main theme of the new rules is the emphasis on the use of non-court dispute resolution (NCDR) as an alternative means of resolving a dispute rather than using the court system.
There is a greater expectation on the courts, lawyers and individuals to use NCDR to resolve financial and children matters. The amendments have widened the definition of NCDR and it is now no longer limited to just mediation. Before making a court application, parties will now have to attend some form of NCDR whether that is mediation, arbitration, collaborative or early neutral evaluation. It is not sufficient to just state what NCDR has been attempted as parties will need to evidence it and it is likely that the court will want to see genuine attempts to settle at every stage in the proceedings.
If required by the court, parties must now also file and serve a Form FM5 which requires them to set out their views on using NCDR as a means of resolving matters raised in the proceedings. Previously, the court could only adjourn the matter for the parties to explore NCDR if the parties agreed to do so. However, the amendments now mean that this may take place on an application or of the court’s own initiative. Agreement is therefore no longer required if the court considers NCDR is appropriate and decides to adjourn proceedings to allow the parties to explore it further.
The amendments are clearly designed to encourage the judiciary, practitioners and parties to change their mindsets towards NCDR and resolving disputes away from the court.
If you would like further information or advice on NCDR then please do not hesitate to contact us.
