The New Non-Court Dispute Resolution Rules in Family Proceedings: What You Need to Know

At Wace Morgan in Shrewsbury, we are committed to helping our clients resolve disputes in a way that  promotes the wellbeing of the family first.

Family disputes can be difficult to navigate, especially when they involve children, separation/divorce, finances, and the division of assets. It is therefore positive to see the recent changes to the family law system in England and Wales which now strongly encourage couples to explore non-court dispute resolution options before turning to the court. This approach is designed to help resolve family issues more amicably, save time, stress, and are often a more cost-proportionate option.

In this article, we will guide you through the new non-court dispute resolution rules and how it can benefit you.

What is Non-Court Dispute Resolution?

Non-court dispute resolution, is a collective name for the process of resolving family disputes without the intervention of the Court. The aim is to find solutions through negotiation, mediation, arbitration or other methods, rather than lengthy, formal and costly legal proceedings.

The most common forms of non-court dispute resolution include:

• Mediation – A neutral third party (the mediator) helps both parties discuss and agree on a resolution.
• Arbitration – A family law arbitrator makes decisions about the dispute, and both parties agree to be bound by the outcome.
• Voluntary negotiation – A family law solicitor can assist and advice you through the process (which will be specific to your case) with the aim of achieving a mutually agreed outcome, usually through correspondence.

What has changed?

The government introduced new rules in 2024 which place further emphasis on the need to engage in non-court dispute resolution in family law cases. These changes are part of the overall drive to reduce the strain on the court system, lower costs, and prioritise amicable solutions for families.

The key points to note about non-court dispute resolution are:

1. There is increased Support for Mediation and Arbitration:
   More resources are being directed toward making mediation and arbitration accessible to those who need it. This includes funding for mediation in certain cases and greater promotion of arbitration as an alternative to litigation. You can read more about arbitration here.
2. Mediation Information and Assessment Meeting (MIAM) are mandatory:
   Before applying to the court for any family-related dispute, such as divorce or child arrangements, individuals must attend a MIAM. The meeting provides an opportunity to understand alternative methods of resolving disputes, such as mediation. If mediation is deemed unsuitable, the mediator will provide you with a certificate, allowing you to make an application to the court.
3. There is a cost risk:
   The Court has the power to make a Cost Order against one or both parties should they unreasonably fail to attend or engage with Non-court Dispute Resolution without valid reason.

Benefits of Non-Court Dispute Resolution

Some of the key advantages include:

• Cost-effective: Legal costs are often lower in non-court dispute resolution processes compared to court proceedings, making it a more affordable option for many families.
• Greater control and faster resolution: Court cases can take months, or even years, to conclude. Non-court dispute resolution methods are often faster and may be concluded much sooner.
• Less Stressful: Court proceedings can be adversarial, causing further emotional strain. Non-court dispute resolution encourages cooperative problem-solving and aims to be less confrontational.
• Better for Children: If you are resolving a dispute involving children, non-court dispute resolution can help preserve a positive relationship with the other parent, which is crucial for effective co-parenting moving forward.

How Wace Morgan Can Help

At Wace Morgan Solicitors, we understand that navigating family disputes can be difficult, particularly when emotions are running high. Our experienced family law team is here to provide expert advice and support, helping you understand the new non-court dispute resolution rules and explore your options.

We are here to ensure you understand all your options and can make the best decision for your family’s future. Whether you are dealing with child arrangements, financial settlements, divorce or separation we will provide clear, practical guidance.

Our Family Law experts Sue Leach, Robert Adams and Jacyn Richardson are here to help.

Call now for a 20 minute consultation without charge to discuss your options.