The Midlands Private Law Strategy Part One: encouraging NCDR

Kerry Cockayne, Barrister, St Mary’s Chambers

The 29th April 2024 sees the coming into force of the Family Procedure (Amendment No. 2) Rules 2023 dated 30th November 2023.  One of its aims is to divert away from the family court appropriate private law cases to non-court-based dispute resolution processes (‘NCDR’).  The launch of the Midlands Private Law Strategy (‘MPLS’) in February 2024 by Mrs Justice Lieven DBE, the Presiding Judge for the Midlands Circuit, sees creative and practical ways to encourage the use, and improve the effectiveness of, MIAMs, dovetailing with the Amendment Rules 2023 to secure quicker and thus arguably better outcomes for children and their parents.  There is, however, a fine line between encouraging engagement in NCDR and compelling engagement by imposing sanctions for non-compliance.  Whether the MPLS and Amendment Rules 2023 navigate this fairly is the matter for consideration in this article.

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