Introduction to non-court dispute resolution
Introduction to non-court dispute resolution

The following Family practice note provides comprehensive and up to date legal information covering:

  • Introduction to non-court dispute resolution
  • Pre-application protocol
  • Law Society protocol
  • Types of non-court dispute resolution
  • Mediation
  • Collaborative law
  • Arbitration
  • Mediation skills
  • The client as both parent and partner/spouse/civil partner
  • Identifying children's needs, feelings and wishes
  • More...

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). This Practice Note sets out the procedure prior to the pandemic and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.

This Practice Note provides an introduction to non-court dispute resolution (formerly known as alternative dispute resolution (ADR)) methods. It sets out the requirement to consider alternative methods of resolving a dispute with family clients pursuant to the Law Society's Family Law Protocol and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, including the requirement to attend a family mediation information and assessment meeting (MIAM), when to make a referral to mediation and when the court may adjourn proceedings for the parties to undertake non-court dispute resolution.

Pre-application protocol

Section 10 of the Children and Families Act 2014

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