30/05/2024
Mediation is not compulsory but…
Until this year people involved in a family court case where the judge felt that mediation would be worth trying would have to both agree to their case being adjourned for this purpose. However a new Family Procedure Rule which came into effect on the 29 April means that the court no longer requires the parties' agreement and the court can give directions over non-court dispute resolution on its own initiative.
In the recent case of NA v LA the judge said there was nothing that suggested the case would be unsuitable (for mediation) and that the ‘court has a duty to consider' non-court dispute resolution (NCDR). 'I consider NCDR to be appropriate and I wish to encourage the parties to engage in the same. This would be to their emotional and financial benefit as well as to the benefit of their children,’ the judge added.
Both parties will be required to tell the court what engagement there has been with non-court dispute resolution, what, if any, issues have been resolved, and proposals for continuing before the judge decides an ‘appropriate way forward’.
The judge also stayed the financial proceedings with immediate effect. Acknowledging the ‘already considerable’ expense of the proceedings, with the wife’s costs exceeding £100,000, the judge said: ‘Both parties must keep the issue of costs and the proportionality of incurring the same very much at the forefront of their minds.’
(Acknowledgements to the Law Society Gazette for the case report)
Maybe the parties in this case might have saved themselves a great deal of money, not to mention the time taken and the emotional toll on themselves and their children, if they’d tried mediation in the first place!
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