Approach

Non Court Dispute Resolution (NDCR):

New Family Procedure Rules relating to Non-Court Dispute Resolution (‘NCDR’) and Mediation Information and Assessment Meetings (‘MIAMs’) came into effect on 29 April 2024. In addition, a new pre-action protocol which applies to all applications for a financial remedy, and which emphasises the importance of NCDR, came into force on 31 May.  

Anyone wishing to commence an application in the Family Court for a financial remedy order on divorce or an application relating to children must attend a Mediation Information and Assessment Meeting (“MIAM”) with a mediator (unless certain exceptions apply).   Failure to engage in NCDR allows the court to depart from the starting position that there should be no order as to costs.

We will not instigate court proceedings unless absolutely necessary. Court proceedings invariably create polarised positions and increase conflict.  Various forms of NCDR – including solicitor negotiation, mediation, arbitration, early neutral evaluation and private hearings provide a quicker, more flexible and often less acrimonious way to resolve family law disputes.

However, there will be some cases which cannot be settled.  We are highly skilled litigators with years of experience and several reported cases.