The Family Procedure (Amendment No.2) Rules 2023 are due to come into force on 8 April 2024 – a practice and procedural update including developments in all forms of non-court dispute resolution (NCDR), case-management, recent case law and changes to the costs rules
A new FPR 3.3(1A) provides that ‘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’. Traced back to Mostyn J in Mann v Mann  2 FLR 928 and his deployment of an Ungley order, the 3.3(1A) requirement will be open to enable the court to understand the reasons for any potential aversion to NCDR and case manage during the life of the case accordingly.
Karen Barham gets a special mention in dispatches for developing the idea of ‘Part 3 correspondence’ which will focus minds on the question of NCDR in a way previously not required. Her Surrey Initiative has developed nationally to become the Family Solutions Initiative.
What people have said about Karen’s previous courses:
Karen joined Moore Barlow LLP (formerly Barlow Robbins LLP) in 2006 bringing considerable knowledge and experience as a family lawyer, having specialised in this area for over 30 years. She practises exclusively as a mediator and parenting coordinator assisting couples and families when relationships break down. Karen is experienced in making arrangements for children and resolving financial aspects. She is also qualified in Child Inclusive Mediation (CIM) and is qualified to meet separately with children to ascertain their thoughts and views thereby giving them an opportunity to have a voice.
Karen has served as a co-director of the Family Mediation Council and Resolution. In 2016 she was awarded the Resolution John Cornwell award ‘in recognition of outstanding work to support separating families’.
Many families can be assisted to find solutions in out of court processes including mediation, collaborative law, early neutral evaluation, private FDRs and arbitration. Accordingly Karen has pioneered The Surrey Initiative.
Karen was named Family Lawyer of the Year at the SLS Legal Awards in 2021 and was also awarded Lifetime Achievement Award at the SLS Legal Awards in 2023.