However, there are alternative forums in which to resolve family disputes, whether by discussion and negotiation, direct with the other party, in family therapy, through family law solicitors or in mediation, or by arbitration. The alternatives to court are generally referred to as alternative dispute resolution, ADR or non-court resolution.

Methods of alternative dispute resolution‍

Private Dispute Resolution

‍As family law specialists we regularly help our clients to resolve disputes and deal with matters by consent, to avoid the acrimony, delay and legal costs associated with going to court.

At the outset and throughout any family law case, we look to negotiate and consider early neutral evaluation and alternative forms of dispute resolution with our clients. We discuss the options and advise on the most suitable forum for resolving the issues in their case - taking into consideration the legal costs and other benefits to the family if litigation can be avoided.

Private FDRs

‍During financial remedy proceedings pursuant to divorce and dissolution parties can agree, and are now positively encouraged by the family court, to
attend a private Financial Dispute Resolution appointment (FDR).

A negotiated settlement can be achieved much quicker and more efficiently at a private FDR, as parties can decide when and where the FDR will take place. A private FDR judge will typically allow a whole day to consider the papers, form a view and seek to help the parties finally conclude matters in their case. Parties also have the freedom to choose a specialist family law solicitor, barrister or retired judge to act as their private FDR judge.

Whilst parties are required to pay their chosen judge’s fee for conducting a private FDR, most financial remedy cases settle at the FDR, so we will always consider a private FDR for our clients.

A separated couple can also appoint a private FDR judge to review the disclosure and other evidence and provide their views and an indication of the
likely outcome regarding any issue in dispute. An early indication by a neutral, reputable and experienced specialist can assist the parties to negotiate a settlement. This process is most often used in financial cases but can be employed in other family disputes.

Family Mediation

‍See Family Mediation.

Family Arbitration‍

In cases where parties are unable to resolve financial issues or child arrangements by agreement and have the means to pay arbitration fees, they can agree to engage in family arbitration as opposed to litigating in the family court.

Cases can be concluded much quicker and more efficiently through family arbitration, as parties can select the issues to be arbitrated and decide when and where the arbitration will take place. Parties also have the freedom to choose a specialist family law practitioner to act as their arbitrator, and they should benefit from judicial continuity throughout.

The decision rendered by the arbitrator is known as the arbitral award. This award is final and binding on the parties, as it is incorporated into an order and sealed by the family court. An arbitral award may only be reviewed by the court on a very limited basis.

Unlike the family court, which has an evolving policy on privacy and anonymity and can attract unwanted media attention and reporting, family arbitration is completely private and confidential; this appeals to those seeking privacy and discretion in any family matter.

We expect family arbitration to continue to rise in popularity, and all members of our team, who are fully experienced in this process, will continue to explore this form of ADR for our clients.

Benefits of alternative dispute resolution

There are many benefits to ADR, including the following:

Reduces conflict

Litigation is stressful, and adversarial court proceedings can exacerbate friction between parties. Family law issues are not always acrimonious, and it is desirable for parties who are in dispute to work together to resolve matters quickly and constructively, particularly where children are concerned. ADR can help parties maintain a positive relationship.

Speed

‍Parties can reach an agreement at an earlier stage in the proceedings or without starting the court process at all. They can agree on when and where to negotiate a settlement or to have matters determined by an arbitrator instead of being tied to a timetable set by the court and subject to administrative difficulties and delay due to shortages in judicial staff and the backlog in family court hearings.

Reduced legal costs

Court proceedings are expensive and often involve solicitors’ costs, barristers’ fees and fees charged by third-party experts. A key advantage to ADR and negotiated settlements is saving legal costs.

Confidentiality and privacy‍

ADR is confidential and conducted privately, so parties can maintain confidentiality and privacy throughout the ADR process and beyond. This is particularly appealing to high-profile clients who are concerned about exposure in the press and social media.

What happens if alternative dispute resolution does not work?

Parties who are unable to resolve their dispute through ADR can then make an application to the family court. The only form of ADR which prevents an application to the court is arbitration, as parties to an arbitration agreement opt out of the court process, and the decision made by the arbitrator is final.

Why choose Sheridans for alternative dispute resolution?

Our expert family team is well-connected and well-versed in all forms of ADR, and we consider all options for our clients. ADR has its own complexities, and it is not suitable in every case. However, we recognise the benefits of ADR, advise on the different methods of ADR and encourage our clients to engage in ADR where appropriate.