Non-court dispute resolution in family law – why simply emphasising its use is not enough
Over the last two decades, there has undoubtedly been an increased emphasis on using non-court dispute resolution (N-CDR) in family law cases. The Family Procedure Rules 2010 (FPR), the Children’s and Family Act 2014 (CFA14) and the introduction of the Family and Children Arbitration schemes are but the highlights in a clear attempt to push parties towards N-CDR. Some attribute this increasing preference to N-CDR’s many benefits which are noted by the legislature (FPR 2010), the judiciary (W v M [2012] & ALvMT [2013]) and commentators alike (Edwards, 2018, 1221 & Kennett, 2016, 1). Others, more cynically, believe that the increased emphasis is simply a way for the government to balance the budget (Moore & Brookes, 2018, 32) and ease the pressure on a post-LAPSO judicial system that is crumbling from overuse (Stylianou, 2017, 445).
Our Comment
Back to NewsIs the nature of Family Law about legal disputes or relationship problems?
In The Press
John R Quinn News
