A deputy High Court judge has recently adjourned a divorce case to encourage them to engage in alternative dispute resolution.
Nicolas Allen KC – an advocate of non-court dispute resolution (NCDR), being trained as an arbitrator himself – said that the case was a typical example of the type of case in which the court could exercise its new powers – which came into effect on 29 April 2024 – to adjourn the case without the parties’ agreement and give directions to engage in NCDR on its own initiative.
Anyone who wants to apply to court for an order about arrangements for their finances or their children must attend a mediation, information and assessment meeting (MIAM) first. Mr Allen said that the couple had not engaged in a MIAM, using the exemption of ‘urgency’. However, given that various orders had since been made, this exemption was no longer applicable. He said that the NCDR route would be both emotionally and financially beneficial to both parties, as well as to their three children, saying that the ‘court has a duty to consider’ NCDR and that he wished to encourage the parties to engage in it.
Before the judge decides what the ‘appropriate way forward is’, the couple, who have already accumulated substantial fees, will need to tell the court what engagement in NCDR they have had, what, if any, issues have been resolved and whether they propose to continue with NCDR.
Financial proceedings were also stayed with Mr Allen acknowledging the considerable costs already accumulated – the wife’s costs already exceeding £100,000 – and saying: “Both parties must keep the issue of costs and the proportionality of incurring the same very much at the forefront of their minds.”
Juliette Dalrymple, director of Family Matters said:
“Non-court dispute resolution, which covers mediation and arbitration should be considered throughout the lifetime of a case. I think the judge’s decision in this case should help to limit the spiralling costs that are being incurred as well as reduce continued distress on the children. Mediation is always cheaper and less stressful than court and has an excellent success rate in helping couples to find the right solutions for their children and financial issues. NCDR is not always suitable but should always be considered as people’s situations and views change over time.”
