Alternative Dispute Resolution
DR Corner: Introducing Assent: Combining Arbitration and Private FDRs in a Streamlined Process based on the FPR Directions
Anyone who has tried to arrange a Private Financial Dispute Resolution (pFDR) will be familiar with that sinking feeling when the process is slipping away. It starts with a low-level dispute over the judge, the date or the location of the hearing. Then a seemingly innocuous question about disclosure…
- FDRs
- Mediation
- arbitration
- divorce
- DR Corner
- Costs
- Financial Remedies
- Private FDR
- Alternative Dispute Resolution
!01/07/2024 07:00
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Re X (Financial Remedy: Non-Court Dispute Resolution) [2024] EWHC 538 (Fam)8 March 2024
Knowles J; impact of Churchill on family proceedings. Incoming changes to FPR from 29 April 2024 will enable court to adjourn proceedings for ADR with potential costs consequences for non-engagement.
- Cases
- Mediation
- Family Procedure Rules
- NCDR
- Alternative Dispute Resolution
DR Corner: Review of Do It Out of Court – A Practical Guide to Dispute Resolution Processes in Family Law
A review of the book by Karin Walker, from Law Brief Publishing (2023). This is a concise and informative book aimed at family law practitioners with little or no experience in out-of-court dispute resolution methods.
- Journal
- Journal
- Out of Court Dispute Resolution Options
- DR Corner
- Book Review
- Alternative Dispute Resolution
!03/07/2023 08:00
ADR and Private Family Law Arrangements
In March 2023 two significant consultations were published on the subject of using Alternative Dispute Resolution (ADR) to resolve private family law arrangements. The more substantial consultation published by the Ministry of Justice is entitled Supporti…
- Blog
- MIAMs
- Alternative Dispute Resolution
!19/06/2023 15:48
There Are Two “Keeping It Out of Court” Consultations That Need Your Urgent Attention
I’m Jo O’Sullivan and as a non-court family law practitioner, I declare an interest. Last year I published a book called (Almost) Anything But Family Court (edited by Only Mums&Dads). This is the mantra that dominates my view of this area of l…
- Blog
- Mediation
- Alternative Dispute Resolution
!12/04/2023 21:43
ADR and costs penalties in financial remedies cases
Historically inter partes costs orders in financial remedies proceedings have been as common as hens’ teeth, for the very simple reason that the current costs rules largely preclude them being made. Thus FPR 28.3 provides so far as is material:&lsqu…
- Blog
- Costs
- Alternative Dispute Resolution
!29/03/2023 14:58
DR Corner: The Drive for Gender Diversity in Private FDRs
Pressures on court time and the increasing use of remote courts over the COVID-19 pandemic have led to the increasing popularity and success of Private FDRs within (and instead of) financial remedy proceedings within the last 5 years.A Private FDR is a &l…
- Journal
- FDRs
- Unconscious Bias
- arbitration
- divorce
- Financial Remedies Court (FRC)
- Diversity
- DR Corner
- Financial Remedies
- Private FDR
- Efficient Conduct
- Alternative Dispute Resolution
- First Appointments
!27/03/2023 09:50
Will ADR Be the Only Way in the Future to Avoid Publication of Financial Remedy Cases?
As I was reading through the judgment of Collardeau-Fuchs v Fuchs [2022] EWFC 6, which dealt solely with the issue of maintenance pending suit, I noted that the parties have agreed to attend a private FDR to attempt to agree the outstanding financial clai…
- Blog
- Alternative Dispute Resolution
!04/04/2022 07:00
Private Alternative Dispute Resolution (pADR) – a Still Much Under-Used Process
A few introductory thoughts – the bigger pictureThe legal profession is notoriously slow at embracing change whether it is to the substantive law or, more often, to process. Every attempt to make the system work better and to the advantage of the pu…
- Journal
- Alternative Dispute Resolution
!01/04/2022 05:57
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