With FPR changes focusing on non-court solutions, Caroline Bowden suggests solicitors send clients to a MIAM, aim to settle and try to keep appropriate clients out of court
- Sets out key changes and offers practical advice to family lawyers on the FPR changes, due to take effect from 29 April 2024.
- There may be no new legislation to make mediation compulsory, but the changes are likely to have an impact on the way solicitors work.
- Lawyers should aim to resolve client issues away from court, where possible.
- Explains the exemptions to non-court dispute resolution.
Solicitors have a key role in steering their clients through to settlement. For too long, too many do so with a court-based mindset, even while conducting negotiations. However, in future all lawyers will have to pay more attention to the non-court space, as well as the pre-court space. If attempts at settlement via correspondence have broken down, or even if they never started, lawyers will need to think of every conceivable way of avoiding court, if at all possible.
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