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‘Dominic Raab is reportedly drawing up plans that would financially penalise parents who unnecessarily clog up the courts. Raab recently told the Conservative party conference that too many civil cases go to court and there should be more use of alternative dispute resolution’
The full article can be found here: https://www.lawgazette.co.uk/news/parents-could-face-costs-order-for-clogging-up-family-court/5110452.article
Often clients who have not sought legal advice from the outset of their family matter and represent themselves in person (meaning without legal representation) may issue court proceedings in the first instance. Since the many changes in legal aid over the years, the courts have seen huge increases in parties who are in person making applications directly to court. In relation to proceedings involving contact disputes and/or financial settlements. Often these clients will not be aware of the different dispute resolutions available and what is the best option for them and their immediate family members.
At Sousa Law, from the outset we always provide our clients with advice on the different dispute resolutions such as mediation, arbitration and collaborative law available and the pros and cons of pursing a certain route. It is important for both parties to consider their options and being able to see the wider benefits of different dispute resolutions and where necessary avoiding court proceedings.
Before issuing court proceedings mediation must be considered but often if there is domestic abuse or an urgency element, this criteria maybe bypassed. Seeking an alternative route for resolving their family matter will not only help the parties to remain amicable and seeing the wider picture – which is the impact that court proceedings may have on their child(ren). Whenever there are children involved we always provide a child-focused approach when advising our clients.
Next week we will be celebrating Family Mediation Week, so please look out for news/blog items in this area.
Sousa Law are specialist Family Solicitors in Southampton, and we are committed to offering a helping hand during difficult times. For further information or advice, please call us on 02380 713 060, or email email@example.com book a free initial consultation with a solicitor.
By Kim Walsh
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