It has been almost 6 months since the Family Procedure Rules changed to encourage and mandate the use of non-court dispute resolution methods such as mediation and arbitration. We are yet to see the impact this is having on the court but the President of the Family Division has warned that more mandated processes will be introduced given the unsustainable workload of the court.
Many people are now taking the time to properly consider court alternatives. In our NCDR blog, which you can read here, we explained the different types of dispute resolution. In this blog, we explore why those options could mean a better result for you and your family.
Do I have to try a form of NCDR?
The short answer is yes. If you are making a private law children or financial remedy application, you must have attended a Mediation Information and Assessment Meeting (MIAM) unless exempt. The court are taking a firm stance, even for those claiming an exemption, and expect to see evidence of why you have not or cannot engage in a MIAM.
What if I don’t want to engage in NCDR?
The court has the power to ‘pause’ proceedings to allow you to engage in NCDR, and they have a duty to keep thinking about whether NCDR is appropriate at each stage of your case. If you choose to ignore their suggestion, you could end up being ordered to pay the other parties’ costs so it is not advisable unless you have very good reasons.
How do I know what type of NCDR is right for me?
All forms of NCDR have their pros and cons so it is worth discussing each with your solicitor to see what would best fit you as a person and your circumstances.
At EJ Coombs, we often try negotiation as a way to resolve a dispute, whether that is by letter or by calling the other party’s representative. This can remove a lot of stress for you as we take the lead in dealing with discussions on your behalf. Negotiation also allows for more flexibility as well as being more time and cost efficient. As your representatives, we know your circumstances inside out so we can ensure that every issue is addressed.
You could also consider a round table meeting at which you and your solicitor attend as well as the other party and their representative. This form of NCDR allows for an open discussion but with the presence of lawyers to guide and assist.
Mediation is one of the most popular types of NCDR as it encourages an amicable way of resolving a dispute. Whilst you can attend mediation sessions in person, there are remote options if you do not feel comfortable being in the same room as the other party. Lawyers do not usually attend mediation sessions but they can if you wanted to try a more commercial style session whereby a day is set aside for everyone to attend.
In financial remedy cases, private Financial Dispute Resolution (FDR) hearings are becoming increasingly productive and have been noted for their success. Private FDRs offer you the chance to choose a Judge as well as a date and you can ensure that Judge has all the time they need to consider your case in detail, rather than a court appointed Judge who has multiple other cases to deal with in the same day.
Can I try different types of NCDR?
Absolutely, and we would encourage it! It may be you are able to negotiate and reach an agreement save for one small issue. You could then attend mediation on that issue until it is resolved.
Can you help me with NCDR?
We pride ourselves on client care and that means getting the best result for you, whether via negotiation or any other form of NCDR. We work closely with local mediators, arbitrators as well as local chambers who assist with private FDRs. We are also unafraid of picking up the phone to our fellow local lawyers!
We are huge believers in NCDR as it allows you to remain in control. Often with court proceedings, it is a roll of the dice and your case is left to a Judge or Magistrates to determine. By engaging in NCDR, you are able to mould a resolution that works in the best interests of you and your family.
If you think NCDR might be right for you, book an appointment with us today using the links below.
