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Update – Tilly, Bailey and Irvine Solicitors associate solicitor Lucy Walther says changes to the law can help separating couples avoid expensive and drawn-out legal proceedings.
COURT?
Let’ s talk about the alternatives first
Recently promoted associate solicitor Lucy Walther, from Tilly, Bailey and Irvine Solicitors’ private family team, explores how Non-Court Dispute Resolution( NCDR) can help couples avoid unnecessary and costly litigation while navigating a separation …
On April 29, 2024, the Family Procedure Rules 2010( FPR) saw a significant update, which stated that parties must consider forms of NCDR before issuing proceedings, except where relevant exemptions apply.
Now, a little over a year on from the update, the use of NCDR is growing ever popular, with parties opting to settle disputes outside of court to save time, money and to feel in control of the decision-making process.
From my experience, this is likely to include deciding the appropriate financial settlement arising from a separation, whether that be in general or a specific issue, or the arrangements for a child to spend time with their parents.
There are certainly a variety of options to consider with NCDR and ensuring you take advice on which is appropriate for you is imperative.
As a resolution accredited specialist in highly complex financial remedies and children disputes, a collaborative approach is certainly something more professionals are adopting and which I am also keen to promote.
The question does, however, remain as to what this looks like for your family – what are the benefits and how can this ensure that a separation is dealt with swiftly, cost-effectively and as privately as possible?
Types of NCDR Mediation: Parties engage with a mediator, who is a neutral third party, to try to help discussions arrive at an amicable resolution. They usually involve parties attending numerous meetings with their ex-partner( either jointly or in separate rooms) to discuss their respective positions and receive neutral assistance with how matters could be resolved.
Collaborative meeting: Parties engage in a joint meeting( often referred to as four-way meeting) with their collaboratively trained lawyers( or other professionals), with the aim of setting aside specific time to determine the issues in their case and negotiate an agreement.
Early neutral evaluations / private hearings: If parties are attempting to agree on matters and need someone to give an initial indication as to any likely outcome, they should consider an early neutral evaluation. This would involve giving the evaluator all the necessary documentation to be able to provide such an indication. Particularly in financial disputes arising from separation, these are referred to as private financial dispute resolution hearings.
Arbitration: Family arbitration involves an individual and their ex-partner agreeing to instruct an arbitrator to adjudicate on a particular area( or areas) in dispute.
The arbitrator will need to have copies of all evidence before they can make a final decision. It is important to note that any decision made by the arbitrator will be final and legally binding upon both parties. Benefits All forms of NCDR certainly have their place for separating families, with each option having specific benefits. It is likely that providing both parties meaningfully engage with the process, this would conclude in a much swifter timescale than contested litigation. Furthermore, it offers parties the advantage of choosing the venue, format, dates and times and the professionals involved, with more parties choosing to have financial advisors, accountants, divorce coaches, etcetera, present to support decisions.
With these benefits, parties often feel more in control of the decisions they are making. While the court does, in most circumstances, view NCDR as mandatory before issuing proceedings, parties can often settle without the need for court intervention, which can seem a daunting prospect.
To answer my initial question, the type of NCDR appropriate for each family will vary and it is important that advice is given by a professional as to what format or formats would work best. As can be seen from the above, there are several benefits to considering NCDR and I would suggest that anyone who is navigating a separation seriously considers the advantages from the outset.
At Tilly, Bailey and Irvine Solicitors we have a specialist private family team who can assist with NCDR. Should you wish to seek further advice, please contact me on 01740 646000 or lwalther @ tbilaw. co. uk
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