Non-court dispute resolution

Unless it is clearly inappropriate to do so family lawyers should explain alternative methods of resolving family law disputes outside the court process and advise on the benefits and/or limitations in the client’s specific case plus the role of the solicitor in supporting the non-court dispute resolution process where appropriate. Non-court dispute resolution was previously known as alternative dispute resolution (ADR). The potential suitability of alternative methods of dispute resolution should be kept under review throughout a case.

See Practice Notes: Introduction to non-court dispute resolution and Non-court dispute resolution glossary.

Mediation information and assessment meetings (MIAMs)

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 3, together with FPR 2010, PD 3A, provides for all potential applicants to attend a mediation information and assessment meeting (MIAM) before making certain kinds of applications to obtain a court order in relevant family proceedings, save where an exemption applies. The court will also expect the prospective respondent to attend a MIAM. The court must consider, at every stage in proceedings, whether non-court dispute resolution is appropriate and has a general power to adjourn proceedings in order

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Family News

Family weekly highlights—21 November 2024

This week’s edition of Family considers the interface between property law and financial remedy in the context of bankruptcy and the role of the financial dispute resolution hearing in financial remedy proceedings. Four new flowcharts setting out the steps to be taken in applications for financial provision after overseas divorce or dissolution and applications for pension sharing orders are set out, together with details of a new webinar on AI and family law.

Exceptional reasons required to bypass FDRs (GH v GH)

Family analysis: In GH v GH, Mr Justice Peel confirmed the importance of the financial dispute resolution hearing (FDR) and that bypassing this hearing to go from first appointment to final hearing is only appropriate in exceptional circumstances. This applies even where financial positions are not fully crystallised at the time of the FDR.

Family weekly highlights—14 November 2024

This week's edition of Family weekly highlights includes details of the latest Family Procedure Rule Committee meeting minutes, the President of the Family Division’s address to the British Society of Paediatric Radiologists and the Family Justice Council’s 17th annual debate. Judgments in relation to parental orders, charging orders and overseas adoption are considered. Details of a new toolkit on Scottish family law are set out.

The interface between property law and financial remedy in the context of bankruptcy (DDR v BDR)

Family analysis: This judgment shows the court adopting a highly structured approach to the determination of questions of property law prior to the determination of a financial remedy application against a backdrop of bankruptcy proceedings, procedural and evidential confusion and limited involvement of lawyers until a late stage. It is also a user-friendly reminder of the court's approach to common intention constructive trusts and the quantification of beneficial interests in a sole legal owner case.