Keeping Cases out of Court
It is fantastic to see the proper use and application of Part 3 FPR to keep cases which don’t need to be in Court, out of court.
In the recent case of WL v HL the parties were in Court to argue about childcare costs. The original dispute which kickstarted the proceedings was only £758. This then escalated into further disputes about childcare costs, whether the family needed a nanny and if so how the parents should share the cost. By the time of the first hearing the parents had spent £15,000 on legal fees. They anticipated this would double to get them to the next hearing which would be an FDR (Settlement hearing).
Recorder Allen QC quite rightly identified to the parents that they were spending more on legal fees than the sum they were arguing about. He therefore exercised Court powers, under Part 3 of the Family Procedure Rules, to adjourn the proceedings so the parents could try and reach agreement with the help of non-court dispute resolution.
The parents then went into a few sessions of mediation, had discussions themselves, and reached agreement on nearly all the issues (they just needed the Judge to resolve one very minor point which he did on paper). Neither had to give evidence, be cross-examined or have an outcome they did not want imposed upon them.
As Recorder Allen QC stated:
“I believe that my use of the court’s FPR Part 3 powers in this case to encourage the parties to consider and enter non-court dispute resolution and my request for fortnightly updates assisted them in reaching settlement even though agreement was not reached in mediation but was reached thereafter between the parties themselves. My order took the matter out of the court arena and the inevitable focus on the next court hearing. It allowed the parties to maintain a direct dialogue rather it being conducted in writing via their solicitors (with the potential for polarisation and the inevitable increase in costs). It also allowed them to discuss with a third party and eventually agree a solution that worked for them as parents of their young child (rather than having one imposed) but, importantly, in the context of knowing that I was maintaining an overview of the progress of their negotiations.”
For all separating couples and parents in Court proceedings or contemplating them, be aware that there are many more focussed, cost-effective and less stressful ways to resolve your disagreement, including mediation and our One Couple One Lawyer services.
There can be a better way.
For the full judgement click here
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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