Amendments to the Family Procedure Rules (FPR), made by the Family Procedure (Amendment No. 2) Rules 2023 came into effect as of 29th April 2024.  

Under the previous rules the courts had a power and duty to facilitate the use of NCDR where appropriate.  The drive behind the changes is to promote as early as possible, the resolution of private family law disputes using non-court dispute resolution (NCDR).  

More than ever the family court system is under immense pressure with parties facing significant delays when bringing their cases to court.  This often increases the anguish for separating parties and families, not to mention an increase in legal costs.  The new rules are designed to move the focus towards alternative opportunities for resolving disputes away from the court, in order to encourage parties to make the best decisions for children.  

Parties and professionals will be expected to consider NCDR at every stage of the process.  There will also be new pre-action protocols which are currently being finalised.   

Here is a brief summary of the changes:

1. The definition of ‘non-court dispute resolution at FPR 2.3(1)(b) is being widened’.  It will no longer be limited to mediation but will include arbitration, evaluation by neutral third-party (such as a private financial dispute resolution process) and collaborative law.    
2. There will be much greater scrutiny over MIAMS (Mediation Information Assessment Meetings) to ensure that exemptions are validly claimed. Mediators will also be expected provide information and signpost parties to the other methods of non-court dispute resolution.  
3. There is a new court form FM5 which will need to be filed with the court setting out the parties’ views on using NCDR as a means of resolving matters within the proceedings (FPR 3.3(1A)).  The form itself directs that parties must each complete their own copy of the form and return it to the court at least 7 working days before the first hearing or appointment in court with a copy of the form served on the other party.  

• A noteworthy change is FPR 3.4 which allows the court to adjourn the proceedings for the parties to explore NCDR.  This may now take place regardless of whether the parties have agreed to explore NCDR.   The court may give directions regarding NCDR at any time during the proceedings (FPR 3.4(2A)).  The new rules bring about amended court forms such as C100 in relation to child arrangements and forms A, A1 and B in relation to financial remedy.

These changes are clearly aimed at navigating parties away from litigation route and to encourage them to be open as to other methods to resolve their disputes.  The new rules will hopefully ensure that parties are better informed about the much wider range of options of NCDR giving them more control over the process and in turn the outcome.