Why It’s Time to Take Family Disputes Out of Court

The financial remedy court in London currently has around 13 per cent allocation expected, and long-standing delays within the family courts continue to cause frustration for families and practitioners alike. With so many people waiting months, sometimes over a year, for hearings, I think it is time we all re-examined the growing importance of non-court dispute resolution (NCDR).

At Laurus, we have been champions of NCDR for a long time, well before the Family Procedure Rules formally encouraged it. Over the last five years, it has become even clearer that taking matters out of court can be a far more practical and often more cost-effective approach for families.

When I meet new clients, I try to introduce the idea of non-court options from the outset. There are so many routes available, and as a team, we are experienced in all of them. My colleague William Hogg and I are both trained mediators, and we have seen tremendous success in mediation, but it is not always suitable for every case. That does not mean families are left with no choice but to go to court. Quite the opposite. As I often say, court should always be the last resort.

What surprises me, even now, is how many people I meet in mediation who say they were never told about any of these alternatives, even when they already have lawyers acting for them. That needs to change.

To put the current situation in perspective, in London a First Appointment Hearing in financial remedy proceedings is supposed to be listed within 16 weeks of issuing the application. The FDR hearing should then take place within six months of that, and the Final Hearing within eight or nine months after the FDR. These are only guidelines, and they are rarely met. I have seen First Appointments listed well beyond the 16-week mark, and FDRs delayed by over a year. Families are left in limbo, emotionally and financially, while costs continue to mount.

None of this is a criticism of the judiciary or court staff. It is simply the reality: the family court system is under immense pressure because the demand for help is so great.

So, what is the solution?

It starts with having the conversation early. Lawyers and clients need to explore all the available alternatives such as roundtable meetings, private FDRs, arbitration, early neutral evaluation, mediation or collaborative law. These will not suit every case, but they can often lead to faster, less stressful and sometimes less expensive outcomes.

There is a misconception that private processes are prohibitively costly because you have to pay for a third party such as a judge in a private FDR or an arbitrator. In my experience, the costs are often offset by the time saved and the ability to skip some court stages entirely. More importantly, these settings create a calmer and more constructive atmosphere where people can genuinely focus on settlement.

For neurodivergent clients, or anyone who finds the formal court process overwhelming, that difference in environment can make a huge impact. For others, it is simply a relief to deal with a process that feels more human, more flexible, and better tailored to their individual needs.

Every case is unique. Sometimes none of the alternatives will be suitable, and the court remains the right place to resolve the dispute. But we should never reach that point without first exploring what else is possible.

I am proud that at Laurus our Family Law team regularly uses all forms of non-court resolution, and that we can talk clients through the pros and cons of each in real depth. My view remains the same: in most cases, taking matters out of court is not only better for families, it is better for outcomes as apart from arbitration, settlement is in control of the parties.

How Laurus can help

At Laurus, we are committed to helping clients find the most constructive and proportionate way forward. Our Family Law team is experienced in all forms of non-court resolution and can guide you through the process that best fits your situation.

Whether you are considering mediation, collaborative law, arbitration, or another approach, we can provide clear advice and ongoing support every step of the way.

To speak confidentially with a member of our Family Law team, please contact us on 020 3146 6300 or email hello@lauruslaw.co.uk.