A recent report carried out by The National Audit Office concluded that as at December 2024, over 4,000 children were involved in court proceedings lasting nearly two years.
The courts remain overwhelmed by the number of family cases. In 2024, there were 51,473 new private law cases (cases brought by families as opposed to the local authority), with the average case taking 41 weeks to reach conclusion.
As of December 2024, there were 37,541 outstanding private law family cases relating to the living and contact arrangements for children.
The recent changes introduced by the Family Procedure (Amendment No 2) Rules 2023, which came into force on 29 April 2024, emphasise the importance of considering non-court dispute resolution methods before making any formal court application.
Why consider non-court dispute resolution (NCDR)?
There may be cases where court proceedings are required but very often, agreement can be reached using alternative methods, usually in a more cost-effective and constructive manner than the traditional court process.
The court now has the power to ‘stay’ or adjourn cases where the Judge considers that NCDR methods should be explored and evidence of consideration of, and attempts at NCDR must now be sent to the court by both parties before any first court hearing.
What are the methods of non-court dispute resolution?
- Mediation – meeting together with an impartial third party to discuss and reach agreement on various issues including children and financial matters. Agreements can later be approved by the court.
- Arbitration – appointing an “Arbitrator” to hear/review evidence and to make a binding determination which can later be turned into a court order.
- Collaborative law – attending four-way meetings with both parties and their lawyers to discuss financial matters with a view to reaching agreement for submission to the court.
- Early Neutral Evaluation – appointing an independent third party to give an initial assessment or “sense check” from a particular expert. Any evaluation is non-binding.
Benefits of non-court dispute resolution?
- Cost effectiveness – NCDR methods incur lower legal fees compared to traditional court processes, which can be delayed or adjourned last minute.
- Time – NCDR can lead to quicker resolution without waiting for court dates and Judge availability. For example an Arbitration can be arranged on a date as soon as all parties are available and often much more quickly than waiting for a court date.
- Control – both parties have more control over NCDR methods, including the choice of Mediator, or “Judge” to act as an Arbitrator.
- Encouraging good relationships – these methods focus on good communication and co-operation which can be particularly beneficial to all parties in reaching an agreement and moving forward.
We offer a free initial consultation for family law matters. Call us on 0800 2800 421 or get in touch here to discuss your situation with a specialist family lawyer. You can also find out more about non-court dispute resolution methods here.
Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
