During Family Mediation Week, it’s important to recognise the importance of keeping as many issues as possible away from the Family Court, at a time when the unprecedented backlog in the system, is causing untold distress for those families seeking an equitable solution.
HM Courts & Tribunals Service figures from November revealed the family court backlog has topped 110,000 cases, of which almost 86,000 are open private cases, with an average time to complete a case being around 43 weeks.
The backlog and the completion times are challenging, given that some of the families involved are not just seeking an end to their relationships, but involve child arrangement orders, protection from domestic abuse and controlling behaviour, or financial orders in divorce.
The case for mediation is growing. Contrary to popular misconceptions, getting legal advice at an early stage and finding common ground will typically ensure cases are resolved long before they see the inside of the Family Court.
The Courts are prioritising the most urgent cases, in particular those involving children and is having to invest hundreds of millions of pounds to try and speed up justice across family and civil courts, but the long-term investment will not help families in crisis now.
Figures from across the country indicate that almost one third of separating couples have to go to Court to address living arrangements for their children, when the parents cannot agree on where a child should live and the related contact issues.
However, mediation can help resolve the differences between parents and ensure their dispute achieves an equitable solution before the Court system is required to intervene. The mediation process starts with the parties meeting with an independent, trained mediator who will help them reach an agreement regarding arrangements for their children.
Alternatively, both parties could attend a roundtable meeting with their legal representatives to discuss and agree arrangements for their children. Following mediation or roundtable meetings, any agreement reached can be drafted into an Order which can then be filed at Court for endorsement (as long as the Judge believes the agreement to be fair and safe), without the parties having to attend.
Encouraging separating couples to consider pursuing alternative dispute resolution options where appropriate, makes it possible to reduce the time taken to achieve a successful outcome and alleviate the burden on Family Courts, which can concentrate on those cases that need intervention.
Mediation not only allows families to achieve a satisfactory outcome without the added stress and delay that litigation can bring, but is typically more cost-effective, which given the cost-of-living crisis can only be another reason to seek legal advice from experienced mediators.
Family mediation will not only help families separate amicably, but help children maintain loving and supportive relationships with both parents, instead of seeing their parents pitted against each other in a battle to win their children’s affection, which can surely only cause long-term harm.
If you would like to discuss the benefits of Family Mediation in more detail or wish to speak to a solicitor experienced in Family Law matters, please get in touch with us here at Buckles and start looking forward to a life without confrontation and frustration.
