Do I really need to consider out of Court options, or can I just press ahead with an application to the Court?

In short, the answer is yes, you do need to consider Non-Court Dispute Resolution (NCDR) prior to making an application to the Court, because in absence of doing so, a Judge at Court may stay the proceedings. 

What does it mean if the court stay the proceedings?

Staying proceedings means that the court temporarily suspends court proceedings to allow time for something to happen, such as mediation. In the recent case of NA v LA [2024] a Judge stayed the proceedings as the applicant had not given NCDR appropriate consideration. As a result, the Judge made the decision not to schedule a court hearing and the parties were told that they must tell the Court, by way of a joint letter, what engagement (if any) there has been with NCDR, whether any of the issues in the proceedings have been resolved and their respective proposals for the way forward. 

Can NCDR happen at any time in court proceedings?

The decision in this case is a clear reminder that the court, as well as the parties, have a duty to consider, at every stage in the proceedings, whether NCDR is appropriate in line with the recent changes to the Family Procedure Rules. 

How do I know if NCDR is right for me?

If you are unsure as to what type of NCDR may be right for you, or if NCDR is appropriate, a mediator is able to outline the different types of NCDR in a meeting called a Mediation Information Assessment Meeting (also referred to as a MIAM), or alternatively, you are able to speak with a solicitor about the options that may be right for your circumstances. 

If you have any questions about NCDR, and want to understand more about your options, feel free to contact me, Monicka Rai, as SE-Solicitors Mediator, or any of our solicitors in the family team. To read more about our Mediation Services, visit here.