Family disputes that end up in court can be an expensive and emotionally weary experience.
While mediation can often be the preferred method of dispute resolution, Family Procedure Rules have not necessarily diverted cases down this route.
However, significant amendments to the Family Procedure Rules have been introduced.
Family Procedure Rules are the guidelines for how family courts in England and Wales operate. They were introduced in 2010 and came into effect on 6 April 2011.
A committee called the Family Procedure Rule Committee is responsible for making these rules, as outlined in the Courts Act 2003. The Act also allows the Family Procedure Rules to change how evidence is used in family court cases.
Amendments to the Family Procedure Rules have been introduced in part to lighten the burden on the overwhelmed family courts.
These changes prioritise Non-Court Dispute Resolution (NCDR) options and encouraging parties to explore alternatives to traditional litigation.
At the heart of the amendments is the drive to divert family-related disputes away from courtrooms.
The revised rules place a greater emphasis on Mediator Initial Assessment Meetings (MIAMs) and ensure that potential applicants are fully informed about NCDR options from the outset.
Key changes include:
When dealing with a family law dispute, mediation can keep an open communication and constructive dialogue between parties, particularly important when maintaining positive interactions with a former spouse or co-parent is a priority.
Mediation can also help in shaping your own solutions, rather than relying on a judge to make decisions on your behalf.
Additionally, mediation offers a private and confidential environment for discussing sensitive family matters, such as arrangements for children.
Financially, mediation typically involves lower costs compared to the courts process, as parties share the expense of a single mediator rather than engaging in lengthy legal battles with associated legal fees and court expenses.
The updated Family Procedure Rules offer parties a thorough exploration of dispute resolution options, supporting efficient and effective resolutions beyond traditional court processes.
Regardless of the updates to these rules, it is important to remember that each case is different, and court proceedings may well be necessary over any form of mediation.
In either case, we are able to provide you with specialist family law advice and cater to your specific needs. Contact us today to find out how we can help you.
Associate Solicitor
