There have been some changes to the Family Proceedings Rules, which came into effect on 29 April 2024, to promote and enforce the court’s powers to encourage Non-Court Dispute Resolution (NCDR) in private children law and financial issues. The main changes are that the court will now be able to compel a party to file and serve a form (FM5) setting out their views on using NCDR in the proceedings (FPR 3.3 (1A))

The new rules require parties to attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies and consider all the NCDR options. The rules encourage the use of mediation, collaborative divorce, arbitration, and private financial dispute resolution meetings to resolve family disputes outside of court.

Courts must encourage all forms of NCDR throughout proceedings, though attendance is not mandatory. Courts must also consider parties' conduct regarding attempts made to try and reach an agreement when making cost orders.

The court can make a costs order where there has been any failure by a party, without good reason, to engage in NCDR (FPR 28.3(7)). This will be a reason for the courts to consider a departure from the general rule in family proceedings that there shall be no order as to costs.

The court can adjourn proceedings without the agreement of the parties to encourage parties to undertake NCDR including attend a MIAM (particularly where an exemption is no longer valid) (PD 3A and 4.1)

The new rules about mediation in the UK may impact low-income families because you have to pay for a MIAM, it is not free.

However, after the MIAM meeting an application can be made for a Family Mediation Voucher if people need to discuss arrangements involving children and eligible families can receive a contribution of up to £500 towards mediation costs, which can help reduce the financial burden. This does not cover the cost of the MIAM meeting though.

Low-income families with limited savings may qualify for legal aid, which covers all mediation costs. Eligibility is based on income and savings, with automatic qualification for those receiving certain benefits.

These measures aim to make mediation more accessible and affordable for low-income families.

Here are a few points to consider now these new rules are in place.

1. Before commencing proceedings (children and finances), consider what forms of NCDR might be appropriate.
2. If someone suggests any NCDR process, seriously consider that suggestion and only reject it for good reason, or you could face cost consequences.
3. Whilst not all cases may be suitable for NCDR, maybe NCDR could deal with part of a case, if only to help narrow the issues.
4. If there are breaks in your proceedings, often caused by the delay that exists in cases progressing through the court system, consider whether you could try NCDR in those breaks, even if the court timetable continues to run in the background.

If you think family mediation could help you stay out of court and save legal fees, then call us on 0800 206 2258 or book a free call using the BOOK NOW tab on our website or email us at hello@familymandm.co.uk.

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