The 29th April 2024 marks a significant turning point in all family law cases, in particular where potential court proceedings are being discussed as an option for the client. Gone are the days where clients only have a choice of the traditional "solicitor negotiation" route or issuing court proceedings. There are a wide range of ways to assist clients now in what can often be very difficult circumstances arising out of their separation / divorce.
From 29th April, all family law practitioners will need to consider Non-Court Dispute Resolution ("NCDR") options with their clients at the outset and as the case progresses. The list of NCDR is certainly not exclusive and one can be used alongside another if suitable for the client:-
- Arbitration
- Collaborative Law
- Mediation (including Hybrid mediation)
- Resolution Together
- Private FDR (pFDR)
- Early Neutral evaluation
- Parenting Co-ordinators
- Round table meetings
Practitioners will be required, before any court proceedings are issued (subject to some exemptions, including domestic abuse cases) to prepare a form for court, setting out details of what NCDR has been explored. The form requests details of "reasonable invitations" made to engage in NCDR, or if such invitations have either been ignored or unreasonably refused. The requirement to consider NCDR continues throughout the course of proceedings and the court can now adjourn court proceedings mid-way through, if they consider NCDR may be appropriate.
The court also now has the power to make costs orders in Financial Remedy (not Children Act) cases where there has been a failure to consider NCDR, so the emphasis is really on trying to keep matters out of court for the client, wherever possible.
Obviously, there will still be cases that require the assistance of the court, where for example, there are serious safeguarding concerns in Children matters, but court proceedings should really be reserved for those cases that require the intervention of a Judge / Magistrate to determine their case.
In a series of articles over the next month, Anna Cross, Legal Director in the Family Department will be exploring some of the different NCDR options available to clients, the benefits of those, and the importance of exploring all these options to ensure that clients are aware of all potential routes open to them.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.