Alternatives to court proceedings - children disputes

The government believes that more disputes could be resolved without going to court. This is on the basis that this would spare families from unnecessary stress and protect children from avoidable anxiety. There would of course be exceptions where court proceedings will still be necessary for example in cases involving domestic abuse or child protection concerns.

It is hoped that providing families with an effective alternative to court that this will help find common ground between separating parents and also other family members.

All parties in private family law disputes should make reasonable attempts to mediate and reach solutions before applying to the courts as a last resort only. Judges will be empowered to hold to account any parties who do not engage seriously with mediation or other methods to resolve disputes out of court. Judges will be given powers to penalise parties who draw out court proceedings unnecessarily by refusing reasonable settlements.

If you are involved in any family dispute we can make a referral to mediation to try to resolve your dispute at an early stage. There is limited government funding for parties to resolve disputes through mediation. If you need us to make a referral to mediation on your behalf, or if you have tried alternative methods of mediation/dispute resolution and the only option left available to you is to apply to the court, then our Family Law department is here to help you.

If you require any advice on a Family Law matter please contact our Northwich office on (01606) 74301.