Release of Financial Remedies Guide underlines emphasis on non-court resolution

22 April 2026

The latest Financial Remedies Court guidance, released on 13 March 2026, sends a clear message: parties are expected to try and resolve disputes before turning to the family court.

Non-Court Dispute Resolution - a central expectation of best practice

Non-Court Dispute Resolution (NCDR) including mediation, private FDRs (out of court, private hearings designed to help parties agree matters without a contested court hearing) and arbitration is no longer a procedural afterthought. In practice, it is becoming a central expectation.

Before issuing proceedings, parties are expected to comply with the pre-action protocol and actively consider whether NCDR could resolve matters. Failing to do so can have real consequences.

The most significant change outlined in the guide is the expected approach of the court. Judges are now expected to actively manage cases with NCDR in mind. At every stage, the court will consider whether the parties should step outside the court process to try and settle. If one party has unreasonably refused to attend a Mediation Information and Assessment Meeting (MIAM) or engage in NCDR, that conduct may be reflected in costs orders.

Private FDRs will now be under greater scrutiny. If a settlement is not reached, parties must explain what happened and demonstrate that a genuine attempt was made. A superficial or poorly prepared private FDR will not suffice.

Similarly, where cases are referred to arbitration, the court retains oversight, requiring updates and often listing short follow-up hearings to ensure progress is maintained.

Firmer guidance around preparation

Alongside this, the guidance tightens expectations around preparation. Bundles are now strictly limited and must contain only relevant documents and position statements are expected to be concise, focused and compliant with page limits. Litigants in person are expected to be aware of and comply with these requirements. There is also a renewed emphasis on prompt and accurate drafting of orders, often immediately following hearings and using standard templates.   

The direction of travel is clear: resolve disputes earlier, more efficiently and outside the courtroom wherever possible.

Financial remedies guide - key messages

For clients, the shift in practice outlined in the report is significant but is likely to be positive provided that the guidance is followed. The key messages from the guide are:

• Early engagement matters
  
  Exploring mediation or a private FDR at the outset is no longer just sensible, it is expected. Doing so can save time, costs and stress. 
  
  
• Preparation is key
  
  NCDR processes are most effective when both parties are properly prepared.
  
  
• Greater control over outcomes
  
  Resolving matters outside court allows for more flexible, tailored solutions than a judge can impose at a final hearing.

Our integrated approach

At Edward Cooke Family Law, we have long sought to ensure that clients are able to access the right dispute resolution process to deliver the best outcome. The latest guidance reflects that same philosophy.

As a modern family law firm, we offer an integrated range of dispute resolution options, allowing us to support you in a way that reflects your circumstances and priorities. These options include mediation, collaborative practice, private FDRs, arbitration, and, where necessary, court proceedings. We have particular expertise in hybrid mediation and child-inclusive mediation and are recognised as a centre of excellence for mediation by Chambers and Partners and Legal 500. Our founder, Edward Cooke, was named Child-Inclusive Mediator of the Year 2024.

Our Family Mediation Guide provides an overview of the different types of mediation available and how mediation sits within our integrated approach to resolving family matters, so you can feel confident that the right options are being considered.

Our team includes twelve specialist family lawyers, including five mediators and seven collaborative lawyers. We are hugely experienced in guiding families through different approaches (both in court but also outside of court proceedings) and, where appropriate, moving between methods as cases evolve. However, our focus will always be on helping you achieve the outcome that is right for you and where children are involved, with their best interests at the centre.

If you would like to explore your options in more detail, do get in touch via email or call 01243 769001. We have offices in Chichester, Brighton and Farnham and offer appointments in Petersfield by appointment.