header-logo header-logo

06 December 2024 / David Emmerson OBE
Issue: 8097 / Categories: Features , Family , Mediation , ADR
printer mail-detail

Family mediation: it’s good to talk

200348
Changes to the FPR are resulting in more referrals to mediation. David Emmerson OBE explores the new provisions & their impact on practitioners & clients
  • Sets out the changes to the FPR, which came in earlier this year, and discusses in detail private financial dispute resolutions and early neutral evaluations, including their benefits and differences.

Important changes were introduced in April 2024 to the Family Procedure Rules (FPR), in particular to FPR Pt 3, which has been underused. The family court has wide powers and:

(i) FPR 1.4(1) provides that the court ‘must further the overriding objective by actively managing cases’; and

(ii) FPR 1.4(2)(f) states that active case management includes ‘encouraging the parties to use a non-court dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure’.

The definition of ‘non-court dispute resolution’ (NCDR) at FPR 2.3(1)(b) was widened to mean:

‘methods of resolving a dispute other than through the court process, including but not limited to mediation, arbitration, evaluation

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll