Rule 3.3 The court’s duty to consider non-court dispute resolutionF1

(1)

The court must consider, at every stage in proceedings, whether non-court dispute resolution is appropriate.

(F21A)

When the court requires, a party must file with the court and serve on all other parties, in the time period specified by the court, a form setting out their views on using non-court dispute resolution as a means of resolving the matters raised in the proceedings.

(2)

In considering whether non-court dispute resolution is appropriate in proceedings which were commenced by a relevant family application, the court must take into account –

(a)

whether a MIAM took place;

(b)

whether a valid MIAM exemption was claimed F3...; and

(c)

whether the parties attempted mediation or another form of non-court dispute resolution and the outcome of that process.

Annotations

Textual amendments

F1: Pt. 3 substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 5
F2: Rule 3.3(1A) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 6(a)
F3: Words in rule 3.3(2)(b) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 6(b)