A landmark ruling in England & Wales advocating for non-court dispute resolution in Family Law cases
In a recent decision, the England and Wales Family Court (EWFC) made it clear that resolving differences outside of court is highly valued. This ruling stems from a significant financial dispute where parties chose to skip non-court dispute resolution attempts before heading to court. The court emphasised the importance of attempting alternative dispute resolution methods first.
Presiding Judge Knowles expressed surprise at this oversight, stressing the importance of seeking amicable solutions before resorting to legal battles. The court has issued new guidelines emphasising the preference for resolving family disputes, especially those involving finances or children, through cooperation rather than confrontation. The guidelines encourage parties to consider mediation or other alternative dispute resolution methods.
Ahead of upcoming changes to the Family Procedure Rules starting April 29, 2024, Judge Knowles emphasised the court’s authority to promote non-court dispute resolution. These changes will allow the court to encourage parties to use natural breaks in proceedings for mediation or similar methods. Parties may face penalties for not attending mediation information meetings as required.
Judge Knowles cited the case of Churchill v. Merthyr Tydfil to highlight the court’s ability to compel litigants to engage in non-court dispute resolution, drawing parallels between civil and family court procedures. She stressed the court’s active role in assessing the suitability of such methods throughout proceedings.
Following this ruling, parties involved in financial or child-related disputes should expect increased court scrutiny regarding their efforts to resolve matters outside of court. Judge Knowles noted the possibility of adjournments to facilitate non-court settlements, as seen in this case where valuation directions were postponed, encouraging out-of-court negotiations.
This landmark ruling marks a shift towards promoting amicable resolutions in family disputes within the English and Welsh legal systems, rather than relying solely on court proceedings. This approach aims to reduce the burden on the courts and prioritise the well-being of all parties involved, especially children, by encouraging cooperation and compromise outside of the courtroom. Ultimately, this shift may lead to more efficient and effective resolutions in family matters.
