When it comes to resolving issues regarding finances and children after a separation or divorce, Silk Family Law has always championed bespoke and collaborative methods. Our philosophy prioritises solutions outside the courtroom, and recent reforms in family law reflect this approach. Matthew Miles, Associate Solicitor, talks to you about these changes and the advantages of Non-Court Dispute Resolution (NCDR).

What Are the New Family Procedure Rules?

On 29 April 2024, new family procedure rules came into effect, encouraging early resolution of family disputes through NCDR. This reform aims to facilitate smoother, more amicable resolutions without the need for litigation.

Benefits of NCDR

NCDR offers numerous advantages over traditional court proceedings:

  1. Confidentiality: The process is private, protecting sensitive family matters from public scrutiny.
  2. Flexibility: NCDR can be tailored to meet the specific needs of the family involved.
  3. Cost-Effectiveness: It is often less expensive than court proceedings.

Types of NCDR

The new rules expand the definition of NCDR to include methods such as Mediation, Arbitration, and Early Neutral Evaluation (private financial dispute resolution hearing or ‘FDR’).

What is Mediation?

Mediation involves discussions between separated parties facilitated by a neutral mediator. The mediator helps the parties reach an agreement, starting with an initial meeting to determine suitability and the best approach.

What is Arbitration?

Arbitration involves appointing an independent arbitrator who hears submissions from the parties’ solicitors and makes a binding decision. It is a quicker and more flexible way of reaching a binding outcome than court proceedings, with the location chosen by the parties.

What is an Early Neutral Evaluation (FDR)?

An FDR involves appointing an independent judge (usually a barrister or retired judge) to provide an indication regarding the issues in dispute. This assists the parties in negotiating an overall agreement. Private FDRs have a high success rate, especially in financial cases.

Why Should You Consider NCDR?

NCDR offers many benefits, but understanding whether it’s the right choice for your situation is crucial. Here are some questions clients often ask:

How Does NCDR Compare to Court Proceedings?

NCDR is generally faster, more flexible, and less stressful than traditional court proceedings. It also allows for more privacy and can be tailored to the specific needs of the family.

Is NCDR Suitable for High-Conflict Situations?

While NCDR is beneficial for many, it may not be suitable for cases involving very high conflict or non-disclosure allegations. In such instances, traditional court proceedings might be necessary.

What Are the Costs Involved in NCDR?

NCDR can be more cost-effective than court proceedings, but the costs can vary depending on the method chosen (mediation, arbitration, FDR) and the complexity of the case.

How Do I Start the NCDR Process?

Engage with a family law solicitor experienced in NCDR methods to discuss your case and determine the best approach. Early advice is essential for finding a solution that suits your situation.

The Family Court’s Role in Promoting NCDR

The Family Court now requires parties to submit a new form outlining their views on the suitability of NCDR before the first hearing. While judges cannot force parties to engage in NCDR, they can adjourn proceedings to encourage it and may even sanction parties for not engaging without good reason.

Expert Insight: Matthew Miles

Matthew Miles is a highly regarded family lawyer in Yorkshire and the North East, dividing his time between our Leeds and North Yorkshire offices. Known for his empathetic and understanding relationships with clients, Matthew offers a personable approach, ensuring first-rate service and striving for the best possible outcomes.

Notable Expertise and Cases

Matthew specialises in resolving complex financial issues for high net worth individuals on divorce. He is adept at negotiating pre and post-nuptial agreements and has extensive experience in disputes related to children, including relocation applications.

Final Thoughts

The new family procedure rules and the promotion of NCDR offer families a chance to resolve disputes in a more flexible, confidential, and cost-effective manner. At Silk Family Law, we embrace these changes, continuing our commitment to providing bespoke solutions tailored to our clients’ needs. For expert guidance on resolving family disputes outside of court, contact us to explore the best options for your situation.