What are the changes to family procedure rules and what do they mean?

‘Non-court dispute resolution’

One of the changes this amendment brings is the definition of ‘non-court dispute resolution.’ From April 2024, the definition of ‘non-court dispute resolution’ in The Family Procedure Rules was 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’.

This means that the definition of non-court dispute resolution has been widened. Previously the definition focused on mediation, but now includes, but is not limited to:

• Mediation
• Arbitration
• Evaluation by a neutral third party
• Collaborative approach

Guidance for non-court dispute resolution

Another change this amendment brings is the requirement of MIAM (mediation information assessment meeting) providers to inform those in attendance, about the most suitable forms of non-court dispute resolution. They must also provide guidance on how to proceed with those methods.

This means that non-court dispute resolution is not limited to just mediation and MIAM providers will assess whether alternate forms of dispute resolution are appropriate on a case-by-case basis. Domestic violence will still exempt parties from MIAM requirements.

The court requires that the parties are to complete a form at least 7 days before the first hearing in financial remedy proceedings and private law children proceedings clearly setting out their views on NCDR.

The court can (without the parties agreement) encourage them to undertake NCDR where the court timetable allows sufficient time to do so and can adjourn proceedings specifically for this purpose.

In financial cases where parties have failed without good reason to engage in NCDR the court can make costs orders.

Opinions on non-court dispute resolution

A new rule was introduced in this amendment that requires parties to file a form (which is shared with all parties) that outlines the individual's 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.

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