A TOUGH SITUATION: Alison Benson, the partner and head of family at Rollits, said family law issues are ‘almost always’ stressful for everyone involved (Image: Wasan Tita/Getty Images/iStockphoto)

A law firm has urged families settling disputes and issues through the court system to consider mediation, as it could save them time, money, and stress. In 2023, the average duration of a family court case hit 46 weeks, a record high, according to statistics.

Law firm Rollits said family mediation can bring a range of benefits to separating families, who are urged to consider mediation to create an amicable split. It helps both parties take control and make decisions for the future together. The Family Court statistics over the past 10 years indicate that the traditional process is time-consuming and costly, the firm said.

Alison Benson, the partner and head of family at Rollits, said family law issues are ‘almost always’ stressful for everyone involved and have the potential to be ‘incredibly divisive’. If each situation does not receive the ‘utmost care’ and ‘bespoke treatment’, it can leave families ‘suffering irreparably’, Benson said.

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Benson said: “Not only this, but families may be left out of pocket, as lengthy court cases can cost a huge amount of money, as well as taking up unnecessary time. This further adds to the pressure of the situation. Family courts can be a rather restrictive way of coming to a solution, a clinical process that may not consider the emotions at play.

“Alternatively, family mediation offers an impartial party who can guide families to a solution that works for them and their family that they both feel is fair. It allows them to not only solve the current problems afoot but to look forward to a future that is bright and hopeful.”

What is mediation?

Mediation is confidential process that allows you to settle a dispute between two or more people, firms or other groups, according to the GOV website. It also involves a mediator, someone you appoint who works as an independent and impartial third person to help the parties talk through the issues, negotiate, and come to a mutually agreeable solution. You can mediate before taking legal action or while legal action is ongoing.

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What kind of disputes are suitable for mediation?

Mediation can be used to resolve almost all types of civil dispute, including:

What are the benefits of mediation?

Mediation allows you to stay in control; in court, a judge makes the decisions, but in mediation, you can decide how you want to resolve the dispute and don’t have to accept an outcome with which you’re not happy. It’s often much quicker and cheaper than court, confidential, and offers a safe and supportive environment.

The latest data shows that the five-year average for court cases to close stands at 34 weeks for private law (children and finance) matters. This is the highest five-year average ever recorded, with the averages as follows:

  • 2011-15: 30 weeks
  • 2012-16: 28 weeks
  • 2013-17: 26 weeks
  • 2014-18: 25 weeks
  • 2015-19: 25 weeks
  • 2016-20: 26 weeks
  • 2017-21: 30 weeks
  • 2018-22: 34 weeks

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The most recent data (released in December 2023) pertaining to Q3 (July to September) 2023 revealed that the average number of weeks taken to conclude a case in 2023 was 46 weeks (around 10 months). If Q4 continues this way, we’re looking at a five-year average of 38 weeks this year.

In comparison, the Family Mediation Council said it usually takes between three and five mediation meetings to come to an agreement, depending on what you need to arrange. Families should consider:

  • Parenting arrangements for children
  • Direct consultation with children
  • Grandparents contact arrangements
  • Financial issues – including division of assets and income
  • Pre-nuptial issues
  • Post-nuptial issues
  • Cohabitation issues
  • Separation issues
  • Divorce and separation
  • How to communicate with each other

You can contact Rollits by calling 01482 323239 or head to their contact page.

For more information, visit the website here.





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