Changes to the Family Procedure Rules

Alongside the Ministry of Justice (MoJ) proposals to encourage the use of Non-Court Dispute Resolution, as of 29 April 2024, there have been various changes to Part 3 of the Family Procedure Rules which aim to bring immediate positive impact to the currently over burdened family justice system. 

The definition of Non-Court Dispute Resolution has been widened to include arbitration, evaluation by a neutral third party (private FDRs) and collaborative law. Previously, only mediation was named, which did not reflect the  full extent of out of court services available

There have also been changes to the Mediation Information and Assessment Meeting (MIAM) process, which in some instances was used as a tick box exercise to allow a party to issue court proceedings. MIAM providers will now need to advise upon all forms of Non-Court Dispute Resolution, not just mediation, as the Government are of the view “no one size fits all”.

In the court process, there is the introduction of a new NCDR form which each party will need to exchange setting out their views on the use of NCDR in their particular case, such form to be used both in Financial Remedy and Children Act cases. This will enable the Judge to consider whether the parties need further encouragement to explore non-court options.

There is also a new provision for the Judge to make Costs Orders against a party's failure to attend Non-Court Dispute Resolution without good reason. 

Currently, less than 20% of the cases in the family court system involve parties being represented by solicitors on both sides, and the Government are eager that everybody envisaging making applications to the court should obtained legal advice as early as possible, with the Government's aim being to ensure that parties genuinely explore other Non-Court Dispute Resolution options before opting to make an application to the court. In turn it is hoped this will help relieve some of the pressure in the severely backlogged court system, and will also encourage more amicable solutions for the parties themselves.