Updates to the Family Procedure Rules
April 30, 2024
Updates to the Family Procedure Rules to encourage out of Court resolution
This year, the Chancellor announced that £170million would be allocated to fund non-court resolution.
The aim is to reduce the substantial delays within the court system.
The Family Procedure Rules changed on the 29th April 2024. The changes identify the importance of non-court dispute resolution. The court will have new responsibilities to encourage and recommend families to attend mediation or Alternative Dispute Resolution (ADR), throughout all stages of proceedings.
Families may face cost consequences if they fail to engage with these alternatives.
If proceedings are commenced without exploring these alternative options, the Judge may adjourn the case to allow time for mediation or ADR to take place.
These changes are designed to provide less contentious resolutions to family disputes.
Attending mediation or ADR can have various benefits, such as:
- Faster, reaching an agreement at mediation or through ADR can be quicker than court proceedings;
- Less stress, engaging in mediation or ADR gives the couple the autonomy with which to make decisions together;
- Cheaper, if a spouse commences divorce proceedings, the legal fees can end up being somewhere between £20,000 to £250,000 (or more). Mediation and ADR are much more cost effective in the event of an agreement being reached between the spouses;
- Flexibility, the couple can chose the dates and times they wish to attend mediation or ADR.
Mediation
Mediation should be attempted prior to court proceedings being commenced. Evidence from the first 7,200 families that used the Family Mediation Voucher Scheme reveals that more than two-thirds were able to reach an agreement without going to court.
On average, families attending mediation need approximately two mediation sessions (or a total of three hours) to reach an agreement. In comparison, cases that go to court, often take 12-24 months to be resolved.
Alternative Dispute Resolution (ADR)
Choosing to explore methods of ADR such as arbitration or a collaborative approach to family disputes can be of assistance.
Private Financial Dispute Resolution (FDR) hearings are now part of the armoury which is to be used to resolve these cases by way of “non-court dispute resolution”. At a private FDR, the couple effectively hire a Judge to deal with their case. There is an additional cost for private FDR hearings. However, the cost is generally compensated for given that such cases are often dealt with quicker and this can ultimately save costs for everyone.
Court proceedings
Some families, will need to make an application to Court to resolve matters.
If an application is made, families should still explore mediation and ADR and try to settle outside of court.
An application to the court can assist families by setting out a timetable for everyone to work towards.
It is recognised that not all families will be suitable for Mediation or ADR. The updated rules require the court to consider which cases should really be exempt from mediation.
John Hooper & Co are members of Resolution and are committed to helping clients reach a fair agreement in the best way possible.
If you have any family law enquiries, please contact us.
Holly Setchfield
John Hooper & Co
30th April 2024
