In April 2024, significant changes were made to the Family Procedure Rules (the rules governing family law) relating to dispute resolution. McAlister Family Law’s Caroline Bilous looks at how these changes constitute a major turning point in how much financial and child-related issues can be resolved following separation.
Since 2014, separating couples have been required to consider mediation, typically by attending a meeting with a mediator known as a MIAM (Mediation Initial Assessment Meeting), unless they are exempt, before starting court proceedings. While the intention was to promote settlement and reduce litigation, the requirement often lacked real impact. In many cases, it became little more than a procedural box to tick before heading to court, rather than a meaningful step toward resolution.
One of the major issues with the old system was the MIAM itself, not just in substance, but in name. The name, “Mediation Information and Assessment Meeting” suggests mediation is the only alternative to court.
The MIAM certificate asked mediators to comment solely on mediation suitability, ignoring other options. The certificate itself is considered a ‘golden ticket’ to accessing the court system.
The new rules now require mediators to inform clients about all available Non-Court Dispute Resolution routes, not just mediation which include Collaborative Law, Arbitration and Private FDRs. There is also a stricter approach to granting exemptions, making it harder to sidestep the process altogether.
While enforcement of these rules remains within the remit of the judges, the recent case of X v Y [2024] EWCH 538 (Fam) highlights a clear shift in judicial approach. District Judges are being instructed to impose cost penalties on parties who initiate court proceedings without sufficient justification—an issue well understood by legal professionals. Additionally, judges are encouraged to adjourn cases where appropriate to steer parties back toward settlement, signalling strong judicial endorsement of the recent amendments.
Mediation, Arbitration, Collaborative Law and private FDRs are all highly effective alternatives to the ‘court room’ and in circumstances where they are appropriate can often enable couples to achieve swift and cost-efficient resolutions.
If the new rules succeed in bringing these underused remedies to the forefront of legal practice, it will represent a positive and welcome development.
Watch this space for the upcoming posts from McAlister Family Law who will be exploring the alternate methods used to resolve disputes without going through formal court proceedings in the coming weeks.
