Following the case of Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 (29 November 2023) the court now has the power to stay proceedings and make an order compelling parties to participate in non-court-based dispute resolution, at whatever stage of the proceedings it considers appropriate. 

It is widely known that the court has sought to encourage parties to engage in alternative forms of dispute resolution, with the issuing of proceedings being considered the option of last resort. This is now formally echoed, with the Court of Appeal stressing that ADR is generally cheaper and quicker than court-based solutions and, even where the parties are initially unwilling, mediation can often be successful. 

Whilst not a ‘family law’ case per se, the case law would apply equally within family cases and therefore I expect this change to be welcomed and implemented within the Family Court forthwith. 

It is already a pre-requisite for applicants to have attended a Mediation Information and Assessment Meeting before they can issue proceedings, the aim being to divert cases where suitable to mediation but with this new change, I expect to see the court taking a more robust stance and give greater scrutiny to the reasons given for why mediation has not been embarked upon, in an effort to have parties resolve their issues outside of the court arena. 

Parties will now want to give careful consideration to the varying forms of ADR available to them, not only at the outset of a matter but keeping the suitability of ADR under review during the duration of proceedings.