Early resolution: recommendations

FAMILY COURT REFORM COALITION
RESPONSE TO THE MINISTRY OF JUSTICE’S CONSULTATION ON
‘SUPPORTING EARLIER RESOLUTION OF PRIVATE FAMILY LAW ARRANGEMENTS’

15 June 2023
Read the full report
The Family Court Reform Coalition is an association aiming to improve the process of Private Law Children’s
proceedings. FCRC is secretariat to the APPG on Family Separation, but this response does not represent the
views of the APPG or of any member thereof. Section C of this document has been uploaded into the internet
response form.
Most Family Court professionals recognise that families, and especially children, will benefit from minimising
litigation in Family Court. This requires a family court process that encourages out-of-court settlements of
disputes. However, merely attending a MIAM is insufficient: the MoJ and judiciary must also arrange the
private family law system so as to maximise the probability of successful outcomes of NCDRs.
Although a significant body of knowledge exists in the corporate world about successful negotiations, much
is missing from the dispute resolution process for Family Court. To achieve more out-of-court settlements,
the MoJ and judiciary must take account of how parents actually behave in separation rather than how we
think they ought to behave, and apply established knowledge about achieving negotiation success.