[F1The court’s duty to consider non-court dispute resolutionE+W
3.3.—(1) The court must consider, at every stage in proceedings, whether non-court dispute resolution is appropriate.
[F2(1A) 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.]
Textual Amendments
F1Pt. 3 substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 5
F2Rule 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)
F3Words 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)