On Wednesday 7 October, Stewarts welcomed a host of leading family law professionals including judges, barristers, arbitrators, mediators, and therapists for the inaugural Stewarts Resolving Disputes Conference.

Beginning with a keynote conversation between Alex Verdan KC, head of Children Disputes at Stewarts, Sir Andrew MacFarlane, the former President of the Family Division, and Her Honour Michelle Corbette, the conference explored the current and future landscape of financial and childrens disputes in family law. Across five panel discussions, speakers examined the growing role of arbitration, mediation, private financial dispute resolution (FDR) hearings (and private dispute resolution appointments (DRA) for children’s disputes) and therapeutic support in helping families resolve disputes more effectively. Speakers included:

• Alex Verdan KC, Head of Children
• Sam Longworth, Partner
• Richard Hogwood, Partner
• Sophie Champan, Partner
• Emma Hatley, Partner
• Matthew Humphries, Partner
• Her Honour Michelle Corbette
• Sir Andrew MacFarlane
• Duncan Brooks KC
• Baroness Barbara Mills of Greenwich KC
• Rebecca Carew-Pole KC
• Maryam Meddin
• Nick James
• Suzanne Todd
• Sarah Anticoni
• Hoon Shu Mei
• Sarah Phipps KC
• Nick Allen KC
• Richard Sear KC

Each session focused on a different aspect of the process and several themes emerged throughout the conference.

1. The age of Family Law Arbitration has arrived

Discussions throughout the conference consistently reinforced the increasing acceptance that Private Court arbitration has now become a regularly used forum for couples who may be unable to reach agreement in respect of their family law issues. It was noted that the conversation is now moving away from why arbitration? towards why not arbitration?, highlighting the growing prominence of Private Court arbitration in the resolution of family law disputes.

Several factors were identified as driving this change, including increased flexibility over timing, venue and procedure, the ability to select an arbitrator with expertise suited to the disputed issues, and the certainty of securing a hearing without the delays often associated with court proceedings.

Stewarts Children Arbitration protocol was discussed and endorsed by panellists as a welcome step to ensure that disputes are dealt with expeditiously and thoroughly, with all acknowledging that delay in doing so is never in the best interests of the children subject to the dispute. Where there is a disagreement between parents as to the pace at which arrangements should be implemented, the best course is for that decision to be made by a judge or arbitrator, rather than one party seeking to rely on the delays within the court system to achieve what they consider to be the correct course.

There was also discussion around the importance of continuing education within the profession and judiciary, particularly in relation to the distinction between the different forms of NCDR available and the circumstances in which each may be appropriate.

2. Tailored solutions benefit families

The idea that no single process will be suitable for every family, was also identified as a recurring theme at the conference. Speakers emphasised the importance of identifying the right process for the dispute and the parties involved. With factors such as safeguarding concerns, the individual’s willingness to engage and the practical realities of the case all needing to be carefully considered, but family law professionals should act as guides to assist client’s in considering all options before they make an informed decision about the best forum for their situation.

It was also stressed that family disputes often involve interconnected legal and personal issues, making flexibility and well-handled case management very important.

3. The importance of a collaborative approach

A particular thought-provoking topic discussed on the day of the conference considered the relationship between therapy and dispute resolution.

The discussion focused on a collaborative model in which lawyers and therapists collaborate, while remaining within their respective areas of expertise. This helps to provide clients with legal and emotional support throughout the resolution process. By creating an ongoing dialogue between lawyers and therapists, clients can better understand their circumstances, make informed decisions, and avoid having to repeatedly recount difficult experiences to multiple professionals.

Ultimately, having a good understanding of the reasons behind a client’s (or opponents) behaviour can be as important as addressing the behaviour itself.

4. Preparation remains key to successful outcomes

The significance of preparation, regardless of the dispute resolution process being used, emerged as another strong theme from the day.

Speakers on the private FDR panel emphasised that effective evaluation relies on parties having a clear understanding of the issues in dispute and the strengths and weakness of their positions. Indeed, early identification of central issues and realistic negotiation frameworks can improve the prospects of settlement.

Similarly, mediation panellists explained the value of establishing trust, encouraging constructive engagement and considering dispute resolution options from the outset, rather than treating them as a last resort once litigation has begun.

Looking to the future

The conference showcased the continued advancement of family dispute resolution, with arbitration, mediation, private FDRs/DRAs and therapeutic support all playing an increasingly vital role alongside the court process.

The discussion covered a broad and interesting range of topics, and an overarching theme emerged: The most effective outcomes are achieved when practitioners consider the needs of the family and identify the best process to resolve the issues they face.