In one of the first reported cases, Financial Remedy proceedings have been stayed and Non-Court Dispute Resolution has been ordered following revisions to FPR Part 3 and Part 28 which came into effect on 29 April 2024.

Following those revisions being made, the proviso for the court to adjourn proceedings only ‘where the parties agree’ has been deleted and instead r3.4(1A)(b) provides that where ‘the timetabling of proceedings allows sufficient time for these steps to be taken’, the court should ‘encourage parties’ to ‘undertake non-court dispute resolution’.

Applying the revised FPR, Mr Nicholas Allen KC (Sitting as a Deputy High Court Judge) stayed the proceedings and ordered for the parties to inform the court (i) what engagement (if any) there has been with NCDR; (ii) whether any of the issues in the proceedings have been resolved; and (iii) in light of the foregoing their respective proposals for the way forward. 

Whilst the FPR does not give the court power to require parties to attend NCDR, the court has a variety of powers available to it to ‘encourage’ the parties' attendance including (as seen in this case) the power to adjourn proceedings but also an amendment to the costs rules which expressly makes any failure by a party, without good reason, to attend NCDR a reason to depart from the general starting point that there should be no order as to costs.

This case not only shows the court and judiciary's commitment to NCDR but also the willingness to use the revised FPR and stay proceedings to allow for NCDR, with or without the agreement of the parties. 

It is important for litigants to bear in mind the benefits of NCDR, including: 

• potential cost savings; 
• the timeliness resolution can be reached; 
• greater control over the outcomes; 
• more flexible outcomes; 
• avoiding the stress of court; 
• helping preserve the relationship with the other party; and
• confidentiality. 

Whilst most people tend to think only of mediation when thinking of NCDR, there are a plethora of other avenues including:

• round table meetings
• collaborative law
• Mediation
• Arbitration
• Early Neutral Evaluation
• Expert Determination (non-exhaustive list)

So whilst mediation may not be suitable, it is more than likely that there may be another avenue that may be beneficial to parties and their case. 

At Anthony Collins, we fully support the use of NCDR, where it is appropriate for our clients. 

Our team currently contains two Accredited Solicitor-Mediators both of whom are qualified to provide child-inclusive mediation.  

We are committed to finding the best solutions for our clients through whatever means whether that be NCDR or via the court process. 

For more information about NCDR or how our team could assist you, please contact 0121 212 7417.