The overwhelming number of applications by made within the Family Court System is causing huge delays. To ease the backlog, significant changes will now shift you towards mediation and other forms of Non-Court Dispute Resolution (NCDR).
What is NCDR?
NCDR stands for Non-Court Dispute Resolution. It refers to the variety of ways people can resolve family disputes without attending court. For many people mediation will continue to be the best option because it’s a much cheaper way to reach an agreement than other methods.
“Litigation is so often corrosive of trust and scars those who may need to collaborate and co-operate in future to parent children. Furthermore, resources should not be expended to the betterment of lawyers, however able they are, when, with a proper appreciation of its benefits, the parties’ disputes can and should be resolved via non-court dispute resolution”
What do I need to know about NCDR?
Moving forwards, the court will actively consider the suitability of NCDR at each stage of the process. The court is likely to prefer these methods if they can be done safely.
Completing an FM5
In private law children proceedings and in contested financial remedy proceedings you’ll now be required to file and serve an FM5 (statement of position on non-court dispute resolution). You’ll have to set out your views on engaging with NCDR (except in cases where domestic abuse is an issue). You’ll need to file and serve it before the first hearing, and, if the court thinks appropriate, before any subsequent hearings.
How can we help?
At Vollans Mediation we offer individual assessment meetings (MIAMs) where we talk to you about all of your options before or during court proceedings.
Get in touch if you would like to book an appointment with one of our mediators. You can fill out the form on our contact page here or call us on 0113 213 3662. One of our friendly Mediation Assistants will contact you as soon as possible to answer any queries you might have.