THE POWER OF ALTERNATIVE DISPUTE RESOLUTION IN FAMILY LAW CASES
Released On 8th May 2024
In the realm of familial disputes, the journey can be long, emotions can run high, and the traditional route of litigation often only adds to the strain of an already tough time. However, taking a case to court isn’t the only solution. That’s where Alternative Dispute Resolution (ADR) comes in, which has recently been under the spot light. Pursuant to the rules which govern family proceedings, the court has an obligation to actively manage cases and encourage parties to use a non-court dispute resolution procedure. A new rule has recently been introduced which will allow parties to a matter to file “‘in the time period specified by the court, a form setting out their views on using non-court dispute resolution as a means of resolving matters raised in the proceedings”. If an individual refuses to consider ADR without justifiable reason or has failed to give due consideration, the court can take this into consideration when considering making a cost order against either party.
In this blog, we delve into what ADR (also known as non-court dispute resolution) is, what it entails, explore its various types, and understand why it might be the key to unlocking effective resolutions for your family legal matters.
WHAT IS ALTERNATIVE DISPUTE RESOLUTION (ADR)?
Alternative Dispute Resolution, or ADR, is a set of options available to individuals which are designed to resolve conflicts away from the courtroom. Unlike traditional litigation, which involves a judge making the decisions, ADR methods allow both parties to actively participate in crafting mutually agreeable solutions. These methods encourage communication, collaboration, and compromise, with the aim of resulting in a more amicable resolution while often saving time and reducing costs.
WHAT ARE THE DIFFERENT TYPES OF ALTERNATIVE DISPUTE RESOLUTION (ADR)?
Rather than adhering to a one-size-fits-all approach, ADR offers a range of options, allowing disputing parties to select the most suitable method for their specific circumstances, without involving the courts. The chosen solicitor, with expertise in family law and ADR practices, will guide the parties in identifying the most appropriate ADR method for their unique legal dispute. By considering the intricacies of the case, the parties and the desired outcomes, they will recommend a tailored approach that meets the needs of the client.
SOME COMMON FORMS OF ADR INCLUDE:
Mediation
Mediation is arguably the most popular/common form ADR, offering a platform for constructive dialogue and mutual understanding. In mediation, a neutral mediator facilitates a discussion between both parties, guiding them towards a resolution that works in the best interests of those involved. By fostering open communication and encouraging creative problem-solving, mediation encourages families to shape their own futures as opposed to having someone else make the decisions for them. This method of ADR is currently being further encouraged, due to a backlog in the courts.
Arbitration
Arbitration offers a more structured alternative to traditional litigation while still allowing both parties increased control over the process and subsequent outcome. In arbitration, a neutral arbitrator hears the evidence and off the back of that makes a binding decision. While resembling courtroom proceedings, arbitration provides a quicker and more personalised approach because the parties have control over timescales and the identity of their arbitrator, allowing them to resolve disputes efficiently and effectively.
Early Neutral Evaluation (ENE)
Early Neutral Evaluation (ENE) is a proactive ADR method offering parties an early assessment of their case’s strengths and weaknesses from a neutral evaluator. This evaluator, typically a legal expert such as a Lawyer, Barrister or a former judge with experience in family law, provides feedback and guidance to help both parties understand the potential outcomes if the case were to proceed to court. These sessions encourage parties to re-evaluate their positions and consider settlement options based on the evaluator’s insights.
ADR VS GOING TO COURT
Going to Court
The traditional route of resolving family disputes through court proceedings often comes with lengthy delays, sometimes up to a year or more in certain parts of the country due to the current backlogs. This prolonged process can exacerbate tensions, prolong uncertainty, and impede the healing process for families in transition, often leaving families in limbo, unable to move on.
For cases including children, recent reports show that with the current state of the system, the average wait for a final decision on children’s living arrangements is 47 weeks, far exceeding the recommended target of 26 weeks.
ADR In contrast, ADR methods offer a quicker, more personalised approach. By bypassing the courtroom, families can often reach resolutions more swiftly, allowing them to move forward with their lives and minimise the emotional toll of prolonged conflict. A recent government survey of consumers indicated that the ADR process is quicker than the court process and cheaper for consumers, with 44% of ADR cases having lasted less than three months
The power of Alternative Dispute Resolution in family law cases cannot be overstated. In a landscape where familial disputes can be emotionally charged and lengthy court proceedings only add to the strain, ADR emerges as a fantastic alternative. With the support of our specialist family law team at AmicusLaw, we are on hand to help support you through achieving the best possible outcomes for you and your loved ones. Get in touch with our friendly team today – we’re on your side!
