These delays are not going away and are increasing legal costs for couples and families.
On the other hand, the delays in the court system are being compounded by Legal Aid being so limited that many are not able to get the legal advice they need, at the most vulnerable time in their lives.
Many are resorting to being a litigant in person due to their desperation for resolution – but a lack of legal acumen, experience and ability is also causing further delays in the system. Naturally they are unaware but also cannot afford or access other dispute resolutions out of court.
Going to court has to be regarded as a last resort. As evidenced by the above, it is taking far too long to reach a resolution. And that is only going to get worse. It is far too expensive at a time when resources need to be preserved, not just for the client but the court system too.
Going to court can cause enormous stress and worry on the client. Too often this is not fully appreciated and given the weight it deserves by lawyers. Also too often overlooked is the reality that a judge is unlikely to agree with what either party is suggesting.
It is far better to be involved in the decision-making process rather than have a complete stranger impose a solution that no one likes and no one agrees with. Non-court dispute resolution options give clients more autonomy in the process.
Over the years, family lawyers, alive to vast drawbacks of going to court, have developed a number of options, including collaborative law and mediation.
Collaborative law came to these shores from the US about 20 years ago and pioneered lawyers and clients negotiating face-to-face outside of court. It complemented another way of resolving disputes such as family mediation, which had existed for much longer in the UK.
Other dispute resolution options, as I mentioned at the beginning of this article, started to be used to resolve family disputes.
Time and space are such that it is impossible to explain in detail what each of the various options offer. However, in brief:
Mediation
Mediation allows a couple to explore with either one or two entirely neutral mediators for all the issues and look at practical solutions.
It has been used in the UK since the 1970s, and has brilliant records in reaching settlement for parties, but many clients are unaware of its available.
Older children can be seen by a mediator in confidence and have an opportunity to express their feelings and their wishes, which can, with their permission, be fed back to their parents.
