Alex Brereton, Polly Atkins and Eri Horrocks discuss family procedure rules and NCDR in Financial Remedies Journal
Alex, Polly and Eri’s article was published in the Financial Remedies Journal, 27 September 2024, and can be seen here.
Alex Brereton, Partner, and Senior Associates Polly Atkins, and Eri Horrocks in our Family & Relationships department, discuss the recent changes to the Family Procedure Rules and the growing emphasis on Non-Court Dispute Resolution (NCDR).
They explore how the English Family Court is shifting towards encouraging earlier, out-of-court settlements to ease the burden on an overstretched judicial system. With private law children cases now taking an average of 44 weeks to reach a final order, the authors argue that meaningful engagement in NCDR could offer a faster, more cost-effective, and less adversarial path to resolution.
The article highlights the benefits of NCDR, such as mediation and arbitration, which can provide more tailored outcomes and help preserve relationships particularly important in co-parenting scenarios. The authors note that recent reforms aim to make NCDR a default expectation before court proceedings begin, with the court now empowered to stay proceedings to allow for such engagement. However, they caution that while the intention is positive, the infrastructure and clarity around how these rules will be applied especially in complex or urgent cases are still developing.
Alex, Polly, and Eri also reflect on the broader implications of these reforms, questioning whether the legal system is fully prepared to support this cultural shift. They emphasise the need for proper guidance, judicial consistency, and resources to ensure that NCDR is not just a procedural hurdle but a genuinely effective alternative. Ultimately, they advocate for a balanced approach that promotes early resolution while safeguarding access to justice for those who need it most.
Read the full article on the Financial Remedies Journal website [external link].
