On 29th April 2024 important changes were made to both the MIAM rules and the Family Procedure Rules (FPR) Part 3 and Part 28.
- New MIAM Rules – stricter exemptions
A MIAM is a meeting which explains the potential benefits of mediation and other non-court dispute resolution (NCDR) methods. Historically, parties could be exempt from attending a MIAM in the absence of any supporting evidence. Now, said evidence must be attached to the application.
Evidence will be subject to an ongoing review, and, if an exemption is deemed invalid, the court may direct parties to attend a MIAM, regardless of their stage in proceedings.
Why?
By exploring NCDR at an early stage, you might be able to (amicably) reach an agreement and avoid both the time and money involved in issuing court proceedings. Early resolution can also aid in preserving relationships; this may be particularly important in cases where co-parenting is involved.
- Adjournment of proceedings:
The court must consider, at every stage in the proceedings, whether NCDR is appropriate.
Parties discovered the true extent of this duty in NA v LA, where the court adjourned proceedings for the purpose of attending NCDR. Legal representatives should therefore encourage parties to attempt at least one form of NCDR before commencing proceedings.
Whilst failure to attend NCDR in these circumstances won’t affect any substantial decision the court makes; it may encourage departure from the ‘no order for costs’ stance.
“But I don’t need to attempt NCDR…”
In NA v LA the court made it clear that even if there are good reasons to bypass NCDR pre-proceedings, parties are still expected to attempt NCDR once the urgent issue which necessitated commencing court proceedings has been resolved.
- Parties’ attitudes towards NCDR:
Parties will now need to complete, and file (at least seven working days before they appear in court), form FM5 setting out their views on using NCDR as a method of settling their dispute. This will apply if you are commencing either financial remedy proceedings or private law proceedings related to children.
Why?
This has been introduced to monitor whether NCDR is a suitable alternative and encourage parties to think outside of the box (or indeed the court room!) when deciding how to settle their dispute. Parties are encouraged to engage with NCDR to avoid adverse cost orders being made.
What can we do?
As well as supporting you in your family dispute, our team can refer you to accredited mediators that are recognised by Resolution and the Family Mediation Council, to ensure you have the best chance of success at mediating your dispute.
This is only intended to be a summary and not specific legal advice. If you would like further information or advice, please contact a member of our team.
The Family team at Greene & Greene can advise on various aspects of Resolution and Mediation matters. To find out more and to view our services, please visit our website.
