Beaconsfield Together January and February 2024

LEGAL ADVICE
Compulsory alternative
dispute resolution – the
benefits in family law cases!
There has been a very interesting development
recently in civil courts in relation to parties’
litigation and alternative dispute resolution
(“ADR”), following a specific case in Wales.
There was an ongoing civil dispute between two parties. They
had reached a point in proceedings and were asking the court
to go further and have a full hearing and trial of the matter.
It was at this point that the court took an interesting stand -
deciding it could lawfully stall civil litigation proceedings,
insisting that the parties proceed via private ADR. It
determined that there were sufficient grounds for the
parties to deal with their matter privately rather than at
public expense through the court system.
Our court system is deeply overburdened and chronically
underfunded - it is not simply that the number of cases have
increased; rather, there are not enough Judges or court staff to
deal with the normal volume of applications, leading to court
processes being significantly delayed and, in the family court,
a potential lack of judicial availability, or indeed, expertise.
This is not necessarily a bad thing. There are many benefits to
ADR and “going private” in family law.
The skills of a good family law mediator mean that most
parties, without even entering a court room can resolve
most, if not all, the matters between them.
There is also the collaborative law process that suits individuals
who can speak with each other but want the comfort of
dealing with matters aided by a solicitor in a 4-way meeting.
Finally, there is arbitration - the arbitrator (a private Judge)
hears evidence much like a Final Hearing before the court and,
like a Judge in court, produces a final determination which is
binding on the parties.
Whilst the private process does have a cost both parties are
involved in the decision making process in a much more
realistic way. And in arbitration your private Judge is an expert
in that field of law – unlike in the courts where cases may land
before Judges who simply do not have the expertise in that
particular area.
The greatest saving is time and stress. “Going private” means
that you can fit the dates to your diary and you can have final
determination as quickly as you need it. There is no waiting
months for a court hearing - you simply ‘get on and do it’.
Finally, the level of your involvement and ability to make
selections means that you have much more engagement
in the outcome of your own life.
So whilst this is the first case that will pave the way for the courts
shunting the cases before it into the private arena – I suspect it
will not be the last. Please do not hesitate to contact Rayden
Solicitors to discuss alternative dispute resolution further.
Whilst this was a civil case, I think it is trend setting and not too
far a leap to see BEACS_130x90_OUT_CMYK_3.pdf the overburdened matrimonial courts 1 taking 20/10/2023 Julian 10:12 Bremner, Partner and Financial Arbitrator, Rayden
the same approach.
Solicitors Beaconsfield
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24 Beaconsfield Together is part of Community Together