New changes to the Family Procedure Rules
On Monday 29 April 2024 significant amendments to the Family Procedure Rules (FPR) were introduced which enhanced the approach to non-court dispute resolution (NCDR) in family law matters. Head of Family Law, Noelle Heath looks at these changes and how they represent a pivotal shift towards encouraging parties in family court proceedings to seek alternative methods for resolving their disputes outside of actual court proceedings.
These changes are designed to encourage early resolution of private children law and financial remedy cases through methods such as mediation, arbitration, evaluation by mutual third party such as a private FDR and collaborative law.
The new rules provide the court with the following duties and powers:
Consideration of NCDR: The Court must consider non-court dispute resolution at every stage of the proceedings and determine whether it is appropriate.
Open Discussion of NCDR: The parties are required to submit a form to the Court and the other parties setting out their views on using NCDR.
Encouragement of NCDR: The Court encourages parties to obtain information about NCDR and consider using it. The Court can give directions to facilitate NCDR and adjourn proceedings to allow NCDR to take place.
Cost Penalties: In financial cases failing to attend NCDR or a MIAM (litigation appointment) without good reason may lead to cost penalties where the person who has not complied with the rules might be ordered to pay or contribute towards the other party’s costs.
Family Mediation Information and Assessment Meetings (MIAM): There is a requirement to attend a MIAM before making a relevant family application unless there is a valid exemption. Only authorised family mediators can conduct MIAM’s. The mediators provide information about NCDR processes and potential benefits of NCDR methods and assess the parties suitability. The exemptions where a party does not have to attend a MIAM prior to the commencement of proceedings include instances where there has been domestic abuse, where there are child protection concerns, where the matter is urgent or whether a previous MIAM attendance might prevent the parties from attending a MIAM.
Benefits of the New Rules: NCDR methods have been designed to enable quicker resolutions compared to traditional Court processes which it is hoped will reduce the emotional and financial toll on the parties. NCDR methods are private ensuring that sensitive family matters are not exposed to public scrutiny. NCDR also fosters competent problem solving which can help preserve relationships in particular when there are children involved.
The amendments to the Family Procedure Rules are a strong shift towards NCDR in family law making it almost compulsory in most cases. It is hoped that prioritising NCDR will hopefully reduce the burden on the Courts, which are still working through a large backlog of cases, reduce costs for the parties and promote amicable settlements.
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Author: Noelle Heath, family law.
