Alternative Dispute Resolution

DR Corner: Introducing Assent: Combining Arbitration and Private FDRs in a Streamlined Process based on the FPR Directions

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. A

Re X (Financial Remedy: Non-Court Dispute Resolution) [2024] EWHC 538 (Fam)

Judgment date: 08 March 2024 https://www.bailii.org/ew/cases/EWHC/Fam/2024/538.html 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. There is currently no

DR Corner: Review of Do It Out of Court – A Practical Guide to Dispute Resolution Processes in Family Law

DR Corner: Review of Do It Out of Court – A Practical Guide to Dispute Resolution Processes in Family Law

Karin Walker (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. The guide is divided into two sections, with the first section focusing on essential considerations such as new divorce legislation, client expectations

ADR and Private Family Law Arrangements

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 Supporting earlier resolution of private family law arrangements and contains key proposals to make ADR

There Are Two “Keeping It Out of Court” Consultations That Need Your Urgent Attention

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 law, and it’s

ADR and costs penalties in financial remedies cases

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: ‘(5) Subject to paragraph (6), the general rule in

DR Corner: The Drive for Gender Diversity in Private FDRs

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 ‘without prejudice’ hearing which can be used