NCDR
Avoiding the Bear Traps of Arbitration – Some Tips from the Coalface
Arbitration is the form of ADR on everyone’s lips – even more so now with the new NCDR provisions that have come into force. Slow to get going, after its launch in 2012, and after Haley v Haley ironed out people’s concerns about routes to appeal, arbitration is sometimes hailed as being the silver bullet solution – a client-pleasing way to avoid the challenges that come with the court service.
- Blog
- arbitration
- NCDR
!02/12/2024 11:04
Non-Court Dispute Resolution and the New Protocol – Don’t Look a Gift Horse in the Mouth…
Whilst there are a multitude of options available to separating families – both in terms of finding outcomes but also support along the way – too often the last resort when the going gets tough has continued to be a court process. The new protocol is exactly what was needed to force a change of direction.
- Journal
- NCDR
!27/09/2024 08:00
As the English Family Court Grapples with a New Direction of Travel for Non-Court Dispute Resolution, What Are the Likely Impacts of Recent Changes and Are We at Risk of Putting the Cart before the Horse?
Over recent years, there have been an increasing number of public consultations and reports considering how to support the earlier resolution of civil disputes, both within the Family Courts and across other areas of practice. A key driver behind the perceived need for additional focus on this area is the overwhelming backlog of cases within the court system.
- Journal
- NCDR
!27/09/2024 08:00
The Art of the Award: Delivering an Arbitral Award in a Financial Remedies Case
Like advocacy, award writing is a solitary and idiosyncratic art. No doubt others use different brush strokes. These are Rhys Taylor's tips for award writing.
- Blog
- arbitration
- NCDR
!05/09/2024 11:00
NCDR Redux: The Impact of October’s CPR Amendments
One of the changes to the FPR 2010 made when the material parts of the Family Procedure (Amendment No 2) Rules 2023 came into force on 29 April 2024 was an amendment to r 28.3(7) which by the insertion of a new (aa)(ii) makes ‘any failure by a party, without good reason, to attend non-court dispute resolution’ a basis to depart from the general starting point that there should be no order as to costs.
- Blog
- NCDR
!16/08/2024 08:00
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NA v LA [2024] EWFC 11324 May 2024
Nicholas Allen KC sitting as a Deputy High Court Judge. A ‘paradigm’ case for the court to exercise its new powers under FPR 3.4 to stay proceedings for the parties to engage in NCDR.
- Cases
- Stay of Proceedings
- NCDR
Revised Finance Pre-Action Protocol
On 29 April 2024 important changes were made to FPR Part 3 and Part 28 to promote non-court dispute resolution (NCDR). To support these changes the pre-action protocol (PAP) annexed to FPR PD 9A has also been updated.
- Blog
- NCDR
!30/05/2024 09:31
D(R) Day: Today’s Changes to FPR Parts 3 and 28
FPR Part 3 has historically been underused. This may change as important revisions to both FPR Part 3 and Part 28 come into effect, on 29 April 2024, when the material parts of the Family Procedure (Amendment No 2) Rules 2023 (SI 2023/1324) come into force.
- Blog
- Family Procedure Rules
- NCDR
!29/04/2024 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
Watch | The new FPR provisions on NCDR. Fresh carrot, Bigger stick (but no mandation)16 February 2024
Watch the recording of 'The New FPR Provisions on NCDR. Fresh Carrot, Bigger Stick (But No Mandation)' with speakers: HH Stephen Wildblood KC, 3PB; Nicholas Allen KC, 29 Bedford Row; Martin Kingerley KC, 36 Group; Rhys Taylor, 36 Group; Graeme Fraser, BBS Law & Karen Barham, Moore Barlow.
- Watch
- NCDR
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