David Hodson on International Family Law: The new mediation initiative in international cases

What impact will the new mediation imperative in the Family Procedure Rules 2010 have in international cases?

On 6 April 2011 England and Wales has a new procedural set of rules with new ancillary practice directions and very different forms. It will bring English family law procedure much more into line with the civil courts. In classic own goal style the rules and most practice directions have only just been published with some not yet finally agreed!

The opportunity has been taken to introduce the explicit power to the family court to adjourn existing proceedings at any stage for mediation or other ADR. This power was in the Family Law Act 1996 but fell victim when the no-fault divorce legislation was not introduced. Many of us have called for its introduction ever since and this is an excellent development. It will have minimal distinctive impact on international cases.

At the same time...

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