How have Family Law Procedure Rules changed?

Under the new changes that have been brought into force, mediation information and assessment meetings (MIAMs) have been given a more substantial role within family law. This update continues recent trends within family law, whereby we are moving away from a reliance on the Court system in cases where a dispute could equally have been resolved through other methods.

It is now required that, at a MIAM, the parties must be provided with information regarding the principles, processes and different models of mediation, as well as other forms of alternative dispute resolution. These include arbitration, third-party evaluation and collaborative law. The update to the Family Law Procedure Rules also allowed for MIAMs to be attended remotely via video to make them more accessible to people should they be unable to attend in person.

Whilst the changes to the rules do not give the Courts the power to compel parties to attend or employ any forms of alternative dispute resolution, they have stressed the importance of mediation and given said parties an increased duty to consider at each stage of proceedings whether it is appropriate. This can include being asked to submit a form setting out their views on using alternative dispute resolution as a way of resolving the dispute they are having.

Any party that is deemed to be unreasonably uncooperative with any form of alternate dispute resolution could be at risk of having a costs order made against them. Whether or not this happens is down to the Judge in the individual case and whether they believe that the party has created unnecessary costs for any other parties involved by not engaging with any alternative forms of dispute resolution.

Are there any exceptions?

There are exceptions to the enhanced emphasis on the importance of mediation within Family Law, such as for victims of domestic abuse or harassment. In cases where there is either an accusation or a risk of domestic abuse, the court would not expect the victim to have to sit down and mediate or discuss with their abuser, whether online or in person. The protection of victims of abuse remains of the highest priority for the Courts which is why these individuals are exempt.

Why is the importance of mediation being stressed?

The changes to the Family Law Procedure Rules that have been brought in can be seen to represent an ongoing cultural shift in the world of divorce and within matrimonial proceedings. This is partly to try and assist in lessening the heavy burden and pressure currently on the Family Court due to the sheer number of cases that are proceeding to hearings without any significant attempt at any outside-of-Court option for dispute resolution.

Alternative dispute resolution is intended to be the first option for all parties involved in family law proceedings, with the Court only getting involved either if it becomes clear that no agreement can be reached without the Court’s assistance or to finalise any agreement made by the parties in the form of a Consent Order.

At Kitson Boyce, we always encourage mediation where appropriate. Mediation is often the best way to solve disputes and can lead to a much smoother process of divorce, financial arrangements or agreements in regard to children, rather than leaving the decision in the hands of the Court. Our expert Family & Divorce team are all members of Resolution, the Family Lawyers Association, and will seek to resolve matters in as conciliatory a manner as possible while ensuring the best possible outcome for you and your family.

Mediation and other forms of dispute resolution can often be cheaper and less time-consuming than Court hearings and are therefore seen as a good way to lower the costs for parties throughout family proceedings.

For more information and advice on solving disputes without the assistance of the Courts, please contact our specialist team.