The Family Courts are currently facing lengthy backlogs of more than 110,000 cases. There are significant delays with listing cases for hearings and families are therefore often left waiting a considerable period of time for closure in relation to both financial and child arrangements.
In light of this we have set out some of our top tips for helping to make separation as smooth as possible utilising alternative methods of dispute resolution.
Our family law solicitors are members of 'Resolution'. Resolution is a national organisation of family justice professionals who work with families and individuals in a constructive way. Resolution believe a non-confrontational approach produces better outcomes for separating families and their children; an ethos held by all members of the family team here at VWV. Resolution's Code of Practice can be found here.
Our family solicitors aim to support our clients to resolve matters constructively, with as little conflict as possible. We take a firm but fair approach to all dealings. Our team treat our clients as individuals with their own requirements tailored to their specific needs.
Mediation can help divorcing couples talk through and, hopefully agree, the practicalities of the divorce and how the matrimonial assets can be divided between them. Mediation can also be used to resolve disputes regarding children.
Since 2014, if a party wishes to make an application to the court, in most cases, they are required to attend a Mediation Information and Assessment Meeting (also known as a MIAM). This is an initial meditation meeting to discuss the ways it may be possible to sort through a couple's issues without the Court's involvement.
Some advantages of mediation are:
We are proud to confirm that Samantha Hickman, Partner in our Family law team, is a trained mediator and available to undertake mediation here at VWV.
Private Financial Dispute Resolution (FDR) Hearings are gaining popularity in England and Wales due to the backlog the Court are experiencing. Private FDRs allow separating couples to hire a 'judge' privately for a day who will hear the case and give them a good indication of what the outcome could be if they were to proceed to a final hearing. Throughout the day, the parties will be given the opportunity to negotiate to see if they can reach an agreement between themselves.
Private FDRs are not held in Court but in a more comfortable setting such as a solicitors office or conference facility. This can take some of the pressure and high stress out of the proceedings. Many feel that private FDRs allow each party to relax slightly and it can therefore be easier to come to an agreement without the additional stress of attending Court.
Our approach is firm but fair and our aim is always to resolve your family dispute in the most cost effective way, whilst at the same time ensuring that you achieve the best possible outcome. Our family law solicitors are members of ‘Resolution’ and are committed to resolving family disputes in a non-confrontational and constructive way.
As well as conventional legal representation, we have a trained collaborative lawyer and mediator within the team who can, if the case is suitable, assist in supporting parties in other methods of dispute resolution.