Two years ago today (29 April 2024), the new non-court dispute resolution (NCDR) amendments to the Family Procedure Rules came into force.

These changes have had a substantial impact on the use of non‑court dispute resolution (NCDR) in family proceedings.

Courts must now actively consider and encourage the use of NCDR at every stage, even without the parties’ agreement to an adjournment.

While the changes did not make NCDR mandatory, they place greater emphasis on early and meaningful engagement where appropriate, particularly in financial remedy cases. A party’s unreasonable failure to engage could result in adverse costs consequences.

Two members of Chambers at QEB, and leading Financial Remedy Arbitrators, Duncan Brooks KC and Tristan Harvey, commented on the second anniversary of the changes.

• “For too long, litigation has been seen as the default option. Whilst it retains an important role, litigation should be the exception rather than the norm. The changes to the rules have marked a change in mindset, and more families are choosing to resolve their disputes away from the courtroom. This enables families to make their own decisions about their futures, rather than having solutions imposed on them by the courts.” – Duncan Brook KC
• “The amendments to the FPR reflect the changing face of the family justice system.  The ‘A’ in ‘ADR’ is no more with the non-court options now an essential part of every-day practice.  With practitioners adopting an increasingly creative and tailored approach to NCDR, including better integrating the options and involving other professionals, separating couples have the best possible chance of finding solutions away from court.” – Tristan Harvey