Beaconsfield Together January and February 2024

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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 C M Y CM MY CY CMY K 24 Beaconsfield Together is part of Community Together
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Beaconsfield Together January and February 2024

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