Family law disputes, especially those involving children and finances, often find themselves entrenched in lengthy and emotionally taxing court battles. However, as Graham Coy discusses in his article, there’s a growing movement towards avoiding traditional court proceedings. This shift stems from the realization that the current family justice system is overwhelmed, with significant delays and increasing costs that leave families, especially children, in limbo.
Stu Webb, a Minnesota family attorney, pioneered collaborative law in 1990, advocating for a resolution process that focused on settlement without the looming threat of court. Since then, family law has seen the introduction of various alternatives, including mediation, arbitration, early neutral evaluations, and private financial dispute resolution appointments.
The statistics tell a concerning story. In 2023, there were 44,563 financial remedy applications, up 11% from 2022, and over 50,000 private law children cases. These numbers highlight a system at breaking point, with children often waiting over a year for decisions about their futures. Coy emphasizes the responsibility of solicitors to explore these alternative methods to ease the burden on courts and better serve clients.
Collaborative law, introduced in the UK in 2003, and family mediation, dating back to the 1970s, are underused yet effective tools for resolving disputes. Family arbitration, an alternative to court, is particularly promising, as arbitrators’ decisions are as binding as a judge’s. Despite its advantages—speed, cost-effectiveness, and confidentiality—arbitration remains underutilized, with just 710 arbitrations recorded since 2012.
The call to action is clear: family solicitors must embrace these tools to foster settlements and reserve court for cases that genuinely require judicial intervention. By doing so, the system can better serve families in crisis, ensuring that children and financial matters are resolved with greater efficiency and care.
In summary, the family justice system needs reform, but in the meantime, legal professionals have a duty to guide clients toward alternative dispute resolution methods that can offer faster, more amicable outcomes than traditional litigation. By creating a climate of settlement, we can help alleviate the burden on courts and provide families with the support they need during difficult times.
