In family law, the parties are required to actively consider Non-Court Dispute Resolution (NCDR) before and during court proceedings regarding children or finances. It is not a one-time requirement; if circumstances change, you must re-evaluate its suitability.
You must typically attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies.
Furthermore, a Form FM5 must be filed at least 7 working days before each court hearing to detail your position on NCDR to resolve your dispute. Failing to file this or refusing to engage without a valid reason (such as domestic abuse) may lead to the court ordering you to pay the other party’s legal costs. Judges also have the authority to adjourn proceedings, even if you do not agree, and order that you attempt NCDR if they believe it is appropriate for your situation.
NCDR is not limited to just mediation. It includes a variety of methods such as:
Our family law experts always try to resolve matters and negotiate a settlement either via solicitor or using NCDR, thus avoiding at all costs court proceedings, which can prove very stressful and costly. However, there are times when this is not always possible and NCDR is not suitable. As such court proceedings are the only other alternative sometimes to resolve matters with the assistance of a court timetable.
For further advice, please contact Severine Vincent, Senior Partner and Head of our Family Team on 01926 422 101 or sv@fieldoverell.com or Kerri Gregory CILEX at kg@fieldoverell.com.
Submit your enquiry and a member of our team will be in touch.
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Leamington Spa, CV32 5JS
