Changes to Family Procedure Rules (FPR) and Their Impact

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Recent changes to the Family Procedure Rules (FPR) have made mediation a key focus for resolving family disputes. Simon Hawkins, Family Mediator at WSP Solicitors, shares his insights on these updates and their impact. The changes aim to reduce court delays and costs, making mediation a more accessible option for couples facing separation. In this blog, we break down what’s changed and how mediation can help families find solutions faster and more affordably.

Understanding the family procedure rules changes and how mediation offers a cost-effective alternative to court

The Family Procedure Rules (FPR) govern the procedures used in the family courts in England and Wales.  In April 2024 important changes to the rules took effect regarding non court dispute resolution (NCDR) of which mediation is one method.

From July 2024 to September 2024 there were 11,868 financial remedy applications up 7% from the same period in 2023 and on average private law children applications were taking 41 weeks to reach a final order.

Furthermore the cost of litigation is becoming prohibitive to the average couple or at best a further significant financial strain at a time when finances are often stretched to their limit.  You can expect the average cost of family law litigation to be £15,000 compared to around £1000 for mediation.

Given this court high workload, the delays and cost of litigation the main thrust of the change was to try and promote non court dispute resolution (i.e. Mediation).

Changes to MIAM exemptions and court directives for mediation in family disputes

The circumstances for Mediation Information and Assessment Meeting (MIAM) exemptions have been reduced and now includes domestic abuse, child protection concerns, urgency, previous MIAM attendance or NCDR attendance in the 4 months prior to making the application.  The court can also inquire into any exemption claimed and request evidence to support the exemption claimed.  If the court is not satisfied, then it can direct the applicant to attend a MIAM

Under FPR 3.3.(1) the court has a duty to consider at every stage in the proceedings, whether NCDR is appropriate.

FPR 3.4(2) the court can now direct the parties to attend mediation.  There is now a much greater emphasis on the court wanting to see a genuine attempt at mediation or to settle the matter at every stage.

FRP 3.4 (1A) and (2A) the court can direct the couple to consider mediation and/or adjourn the proceedings to direct that the couple attend mediation or some other NCDR.

If a party does not enter into NCDR/Mediation they will need to explain to the court their reasons for not doing so.

It is likely that as the push towards NCDR/Mediation gathers pace the courts will make ever greater use of these powers to direct parties towards mediation.

Whilst these services are still voluntary and the court cannot force you into mediation the changes to the FPR rules no longer make it as easy as it once was “no” to mediation direct by the court and it is likely to get more difficult to say no as the changes become the norm.

The 2 main sticks that the court will use to encourage mediation are:

  • Asking the individual who says “no” to mediation to explain and justify to the court their reasons for not making a genuine attempt to mediate.
  • FPR 28(7)(i) and (ii) provides that when considering costs orders the court should consider any failure by a party without good reason to attend a MIAM or attend NCDR. A person who therefore cannot justify their reason to say “no” may find the court making a costs order against them.

Mediation is an excellent method for separating couples to resolve financial separation disputes or parenting issues without the litigation risk and costs.

If you’re considering mediation, our team at WSP Solicitors in Gloucester and Stroud is here to support you. Reach out via email at contact@wspsolicitors.com or fill out the enquiry form on this page to begin. We’re committed to guiding you through the process and helping you find the right resolution for your family.


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    Simon Hawkins- Family Mediation