Non-Court based Solutions

CIArb News / 26 November 2013

recent poll has found that only 51% of the British public would consider trying a non-court based solution instead of going to court if they were to divorce in the future. Resolution, the organisation for family lawyers and other professionals in England and Wales, commissioned the ComRes poll of over 4,000 British adults to mark its second annual Family Dispute Resolution Week.

Mediation, arbitration and other forms of alternative dispute resolution (ADR) provide a cost-effective and faster alternative to costly and time-consuming court procedures. A greater emphasis on ADR will provide the government with the ability to make necessary savings whilst helping to ensure families avoid long, drawn – out disputes, which can have a lasting harmful impact on the adults and children concerned. ADR solutions currently available to families include the family arbitration scheme developed by the Institute of Family Law Arbitrators (IFLA).

Anthony Abrahams, CIArb Director General said:
“It is deeply concerning to hear of the lack of awareness amongst families about non-court based dispute solutions. With the family court system in England and Wales under increasing strain, a greater focus on ADR is essential to make the family justice system more effective. Such solutions as the IFLA’s arbitration scheme have a major role to play in settling family disputes.”

“The government has long stated that it wants the family justice system to work better for families and put children’s needs first at all times. Whilst we welcome their commitment to mediation and other forms of dispute resolution as an intrinsic element of a more effective family justice system, it is clear more needs to be done to raise awareness of such processes. We will continue to work with government and bodies such as Resolution to achieve this.”


3 comments on “Non-Court based Solutions

  1. During my recent 2 month trip to Argentina, I have been examining the system of compulsory mediation ‘gate-keeping’ process that is required before litigants can access family courts. In Argentina, mediations concerning children, families and financial remedies are conducted by specialist lawyer-mediators, and active involvement in the mediation process is required before the case is certified fit for a contested hearing. It works. Cases automatically go to the mediator and are mostly resolved by agreement. Thus they have changed the culture of resolving disputes.

  2. The President of the Family Division supports arbitral awards

  3. […] don’t need to be clairvoyant to detect the future for financial remedy cases. With unacceptably escalating costs in adversarial court processes, […]

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