The family law courts play a vital role in resolving disputes between couples going through a divorce or family law dispute. However, recent changes in the system have left thousands of families in a state of prolonged uncertainty. The delays in the family law courts, which are now averaging several months, have been highlighted as causing distress for the parties involved, particularly children.
According to a recent article in Today’s Family Lawyer, “delays in the family law courts are leaving thousands of families and more than 20,000 children in a state of prolonged uncertainty.” The article further stated that the average waiting time for some cases to be heard is now around nine months, with other cases taking up to two years to reach a resolution.
The consequences of these delays can be far-reaching. Families are often left in limbo, unable to move forward with their lives or make important decisions regarding their children. Children are likely to be the ones who suffer the most, as they face emotional strain, disrupted routines, and uncertainty about the future.
While the courts are sometimes the only option for families, there are many family law cases where alternative dispute resolution methods, such as mediation and collaborative law, can be a viable alternative to traditional litigation. These methods offer families a more peaceful and secure way to resolve their disputes and avoid the lengthy delays and unpredictability of the court system.
Some of the other benefits of Alternative Dispute Resolution methods include:
Less stress and conflict: Methods such as mediation and collaborative law encourage communication and collaboration, allowing couples to work together to reach a mutually agreeable solution. This reduces the stress and conflict that often arise during legal proceedings, which can be particularly beneficial for families and their children.
Custom solutions: Alternative dispute resolution methods allow couples to tailor their agreements to their unique circumstances. Unlike the court system, where decisions are made by a judge, couples can negotiate a solution that works best for their family.
Greater flexibility: Mediation meetings and collaborative law sessions offer flexibility in terms of scheduling, location, and the involvement of other professionals, such as financial advisors or therapists. This flexibility allows couples to discuss family matters at a time, place, and via an approach that is most convenient for them.
Confidentiality: Alternative dispute resolution methods are generally more confidential than court proceedings. Parties can choose to keep the details of their dispute private, protecting the privacy and dignity of everyone involved.
While the family courts continue to go through a backlog of cases, alternative dispute resolution methods, such as mediation and collaborative law, may provide couples a more efficient and streamlined process. By avoiding the delays and complexities of the court system, families can reach a resolution much sooner.
To consult a family lawyer about how best to approach the family matter you are experiencing or for legal advice about a divorce, separation, or children matter, please get in touch.
