How do the 2024 changes to Family Procedure Rules strengthen non-court dispute resolution?

What are the Family Procedure Rules?

The Family Procedure Rules 2010 refer to a standard set of rules and expectations of procedure for every family court in England and Wales.

In April 2024, the Family Procedure (Amendment No 2) Rules 2023 took effect, and these changes aim to promote the early resolution of private family law arrangements outside of court, instead using non-court dispute resolution (NCDR).

It means that courts can make an order for parties involved in a dispute to engage in non-court dispute resolution, providing such an order does not impair the right to a fair trial and is proportionate to settling the dispute fairly, quickly and at reasonable cost.

What does non-court dispute resolution mean?

One of the changes this amendment brings is the definition of non-court dispute resolution (NCDR). Previously, NCDR focused solely on mediation, however from April 2025, it will include:

‘Methods of resolving a dispute other than through the court process, including but not limited to mediation, arbitration, evaluation by a neutral third party (such as a private Financial Dispute Resolution process) and collaborative law’.

Guidance for non-court dispute resolution

Another change this amendment brings is the requirement of Mediation Information Assessment Meeting (MIAM) providers to inform those in attendance about the most suitable forms of non-court dispute resolution, along with guidance on how to proceed with those methods.

This means that, on a case-by-case basis, MIAM providers must assess whether alternate forms of dispute resolution are appropriate. Domestic violence will still exempt parties from MIAM requirements.

For financial remedy proceeding and private law children proceedings, the court requires that the parties are to complete a form at least 7 days before the first hearing, clearly setting out their views on NCDR.

The court can (without the parties’ agreement) encourage them to undertake NCDR where the court timetable allows sufficient time to do so and can adjourn proceedings specifically for this purpose. In financial cases, where parties have failed without good reason to engage in NCDR, the court can make costs orders.

Opinions on non-court dispute resolution

A new rule was introduced in this amendment that requires parties to file a form (which is shared with all parties) that outlines the individual's views on using non-court dispute resolution (NCDR) to resolve the issues raised in the proceedings.

This new rule aims to promote the use of NCDR and encourage parties to discuss and consider other ways to resolve their disputes. It will also ensure that the court is aware of the parties’ positions on NCDR throughout the case.

How Slater and Gordon can help

At Slater and Gordon, our award-winning family law team has the sensitivity and expertise to guide you through your difficult family disputes and disagreements.

We understand life’s journey does not always go as planned. If you need a solicitor on your side, our expert family law team is on hand to ensure any challenges faced become less overwhelming, so you can move forward with confidence.

Speak to one of our family law experts today by calling 0330 041 5869 or contact us online.