11 September 2024
Katie Andrews, Trainee Solicitor at AMD Solicitors explains the importance of Non-Court Dispute Resolution and the introduction of Form FM5
Recent changes to the Family Procedure Rules in respect of Non-Court Dispute Resolution (NCDR) came into effect on 29 April 2024. Changes were made to encourage the use of NCDR to assist more Family matters to settle outside of Court.
As a part of the amended rules, it is now mandatory for the parties to complete Form FM5 in private law children proceedings and financial remedy proceedings. The form allows the parties to set out their position on NCDR and must be submitted to the Court at least 7 working days prior to the first hearing in a matter. Form FM5 encourages the use of NCDR and allows the parties to explain their position on if, and when, this has taken place.
If you have not attended any NCDR prior to your first hearing, form FM5 asks you to set out why this has not happened and whether any exemptions apply, such as domestic abuse or where there are child protection concerns.
The implementation of these changes has given Courts a new duty to encourage parties to undertake at least one form of NCDR prior to the first hearing. Judges now have the power to adjourn the matter, if there is appropriate time, to ensure the parties have the opportunity to try a method of NCDR.
Whilst the Judge is not able to enforce the parties to attend NCDR, if the parties refuse to do so it can be taken in to consideration by the Judge when considering whether to make a costs Order. Therefore, not attending NCDR could put you at risk of cost implications.
The most common method of NCDR is mediation and many clients find this to be a useful tool in negotiating points of dispute. You may find it beneficial to seek legal advice alongside mediation, particularly before agreeing to, or making any offers. Our family department are well experienced in supporting and assisting clients through their mediation journey. We can provide legal advice alongside mediation to help guide you through the process and offer advice on any suggested offers.
A further method of NCDR is collaborative law. Collaborative law involves joint meetings between both parties, where each party will have their lawyer present. During these meetings financial disclosure will take place and financial options can be considered. This method supports a more transparent approach and encourages the parties to resolve their issues in an open and amicable way. Jo Morris, Head of our Family Department, is an experienced collaborative lawyer and would be happy to discuss this option further with you during an initial consultation.
Other methods of NCDR include arbitration and private financial dispute resolution hearings. If you would like to know more about NCDR, please contact us to arrange an initial consultation with one of our team and we would be happy to assist you.
