It’s Family Mediation Week beginning 16 January 2023. The purpose of this week is to raise awareness of the benefits of mediation. Did you know that there are many alternatives to attending court?

It is no secret that the family courts are overstretched and facing backlogs. This is stressful to those waiting for hearings or applications to be listed. It can be a long wait.  Using alternatives to court can remove delays and can be cheaper.

The Family Court, ideally, should be used as the last option once other alternatives have been explored. Often this is not the case. This can be because parties are unaware of all the options available. A family law specialist can assist to explore and identify which approach would be the best for you.

Mediation

Mediation is voluntary and can be cheaper than court. However, if a party is seeking to issue a court application, then unless there are exceptional circumstances, they need to attend a Mediation Information and Assessment Session (MIAM) beforehand. Mediators are specially trained to facilitate achieving agreements, but they do not impose decisions. Mediators do not provide legal advice. Individuals can still access legal advice whilst undertaking mediation. The outcome of mediation is not binding but often the terms reached at mediation are converted and placed into a Court Order.

Arbitration 

Arbitration is another voluntary process. Individuals pay privately for an experienced and chosen Arbitrator who can issue case management directions and determine the outcome of a dispute. The parties can choose a time, a process pathway and location convenient to them. The Arbitrator will make a decision that is binding and enforceable.

Collaborative Law 

Collaborative law involves specially trained solicitors who work together with the parties to assist them in reaching an agreement. This involves the parties and the solicitors all being in the same room and wholly invested to try and reach an agreement. This usually takes place over several meetings. The parties receive legal advice from their solicitors, and this can be shared openly in the meetings. If an agreement is not reached the parties leave the Collaborative process, end the contact with their lawyer and they need to appoint new solicitors.

Out of court negotiations 

This is voluntary and involves lawyers negotiating and exploring outcome options to achieve a settlement.

Private Financial Dispute Resolution (FDR) 

A Private FDR mirrors a court listed FDR. The main difference is that the parties pay for an experienced solicitor, barrister, or retired judge to hear the FDR. The parties can choose who would act as the ‘judge’, when it will occur and the venue. The FDR can take place in a more neutral setting than at court. This can eliminate or reduce stress.  The solicitors or barristers make submissions to the appointed FDR judge and the judge indicates their decision. As with a court listed FDR, individuals are not compelled to accept the judge’s decision. As with court listed FDRs a high number of cases achieve settlement at this stage.

If you need legal help or advice, get in touch with our family team on our freephone 0800 8 60 62 65 or via our 24/7 live chat facility on our website.

Karen Roberts – Partner & Solicitor

Shelley Harper – Solicitor