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Family mediation: it’s good to talk

06 December 2024 / David Emmerson OBE
Issue: 8097 / Categories: Features , Family , Mediation , ADR
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Changes to the FPR are resulting in more referrals to mediation. David Emmerson OBE explores the new provisions & their impact on practitioners & clients
  • Sets out the changes to the FPR, which came in earlier this year, and discusses in detail private financial dispute resolutions and early neutral evaluations, including their benefits and differences.

Important changes were introduced in April 2024 to the Family Procedure Rules (FPR), in particular to FPR Pt 3, which has been underused. The family court has wide powers and:

(i) FPR 1.4(1) provides that the court ‘must further the overriding objective by actively managing cases’; and

(ii) FPR 1.4(2)(f) states that active case management includes ‘encouraging the parties to use a non-court dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure’.

The definition of ‘non-court dispute resolution’ (NCDR) at FPR 2.3(1)(b) was widened to mean:

‘methods of resolving a dispute other than through the court process, including but not limited to mediation, arbitration, evaluation by a neutral third party (such as a private Financial

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MOVERS & SHAKERS

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

Excello Law—Heather Horsewood & Darren Barwick

Excello Law—Heather Horsewood & Darren Barwick

North west team expands with senior private client and property hires

Ward Hadaway—Paul Wigham

Ward Hadaway—Paul Wigham

Firm boosts corporate team in Newcastle to support high-growth technology businesses

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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