Out of Court Dispute Resolution Options
Fresh Carrot, Bigger Stick: Forthcoming Rule Changes and the ‘Encouragement’ of NCDR
FPR Part 3 has historically been underused. This is strange given that FPR 1.4 provides that the court ‘must further the overriding objective by actively managing cases’ and FPR 1.4(2)(f) states that active case management includes ‘encouraging the parties to use a non-court dispute resolution’, or ‘NCDR’, ‘procedure if the court considers that appropriate and facilitating the use of such procedure.’
- Blog
- Blog
- Out of Court Dispute Resolution Options
- NCDR
!03/01/2024 13:22
Tectonic Developments for Non-Court Dispute Resolution in the Family Court? The Family Procedure (Amendment No. 2) Rules 2023/1324
On 29 November 2023, the Court of Appeal decided Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416. It held that a whole generation of lawyers and judges had misunderstood Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, which had previously been understood to be binding authority for the proposition that the court cannot compel parties to engage in mediation.
- Blog
- Blog
- Out of Court Dispute Resolution Options
- NCDR
!07/12/2023 18:27
Two Important Cases in One Day: Churchill v Merthyr Tydfil and TUI v Griffiths
As the old saying goes, you wait ages for a London bus; then two arrive at once: Griffiths & Churchill.
- Blog
- Blog
- Out of Court Dispute Resolution Options
- Experts
!30/11/2023 17:15
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
Time to have your say!
The early resolution of private family law arrangements consultation is currently open for comments until 25 May 2023. It is an important opportunity to respond to possible rule changes to aid promotion of early and out of court resolution in money and private law children cases.
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- Blog
- MIAMs
- Out of Court Dispute Resolution Options
- Family Procedure Rules
!05/04/2023 09:20
Out of Family Court Resolution Helpful Links
Family mediation helps you make arrangements for children, money & property and can be conducted in-person and/or online.
- FRC Corner
- Out of Court Dispute Resolution Options
- Out of Court dispute resolution
!24/05/2022 09:20
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