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On 29th April 2024, the rules around family disputes were updated which stipulate all parties must consider all forms of out of court dispute resolution before making an application to the Court.

Courts Must Now Consider All Forms of Dispute Resolution

The rules have gone one step further requiring the parties to complete a form setting out their individual efforts made to resolve the issues which is presented to the Court.  The Court are encouraged to consider all forms of dispute resolution at each stage of the court process and Judge’s are becoming more familiar with the advantages of mediation and arbitration.

Resolving Disputes Through Mediation and Arbitration

Family lawyers always encourage parties to engage in mediation.  Providing mediation is safe and suitable for the parties, they can enter into a safe space knowing the process is voluntary, without prejudice, spending time with a mediator who remains impartial.  Most importantly, the mediator will facilitate discussions to enable the parties to make their own decisions about finances, children or both.  Although mediation does come at a cost, it pales in comparison compared to solicitors and court costs.  In addition, the parties can focus on important matters such as improving communication or dealing with issues which are important to them but not necessarily something a court would be prepared to deal with.  Mediation can be rolled out in accordance with the availability of the parties who must be committed to the process for it to be a success.

Arbitration is an opportunity for the parties to appoint an independent legal professional to make a binding decision upon them whether in relation to children, finance or both following the breakdown of a relationship. Whereas mediation is non-binding, some parties prefer arbitration due to its binding nature.  It can be of great use for those who agree on most things but there could be one small issue which they cannot resolve.  In those circumstances, an arbitrator can make a decision based on papers alone or should the parties have several matters which require consideration, they can attend in person.  More often than not, arbitrators are very flexible in the way they work and will accommodate each case in accordance with the parties’ needs.

Contact Consilia Legal for Expert Family Law Advice

Please speak to one of our expert family lawyers about other forms of resolving disputes outside the court process. In addition to our family lawyers, we have in house mediators and specialise in child inclusive mediation.