Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce
and care proceedings to transparency and access to justice. If you would like to contribute please email
emma.reitano@lexisnexis.co.uk.
A seismic change in ethos and practice
© Copyright LexisNexis 2024. All rights reserved.
Caroline Bowden Consultant/Mediator Anthony Gold Solicitors
A Rebooted Part 3 in force on 29 April 2024
The Part 3 rules have been reworked to make sure non-court dispute resolution ('NCDR') options are considered at all times where appropriate. The ambitious intention is to change habits and mindsets so that with robust judicial case-management and scrutiny families that should not be in court are routinely steered elsewhere.
The key changes are:
- Fewer reasons not to attend a MIAM especially:
- with a tighter definition of previous NCDR;
- delay-based hardship now only linked to significant financial hardship;
- as MIAMs can be online inaccessibility exemptions are reduced.
- Domestic violence changed to domestic abuse.
- Abolition of MIAM exemptions linked to non-attendance of the respondent.
- Abolition of all mediator-granted exemptions.
- Proof of a MIAM exemption will be needed.
- Earlier scrutiny of MIAM attendance or the exemption claimed.
- Constant court scrutiny of views on NCDR via a standard form before all first hearings and otherwise.
- Use the natural gaps in hearings for a judge to encourage later MIAM attendance or NCDR.
- Beefed-up cost orders in financial proceedings for failure to consider NCDR.
- Rules about how mediators cover triage...
Read the full article here.
