Click here to read the full article: https://spearswms.com/law/how-non-court-dispute-resolution-is-changing-family-law/
Their comments have been published below with kind permission
Nick Manners, Partner and Head of the award winning PHB Family Law Team, states:
‘One unintended consequence of the push to NCDR…is that the reduction in court hearings and attendant lack of new precedent could prevent the law from keeping up with changes in society – and in the lives and relationships of the people it is supposed to be serving.’
Family expert, Simon Beccle, states:
‘The problem with NCDR is that if a client refuses to cooperate, there’s no one to compel them. ’In fact, outside of a courtroom, lawyers lack the authority to force disclosure or require expert valuations on assets, which can lead to inequalities in terms of bargaining power.
‘Outside of court, judges deal with cases on a snapshot of information without necessarily testing the evidence,’ Beccle says. ‘If one party is a savvy, successful [businessperson] and the other isn’t, there’s a risk the more experienced partner may withhold information and pressure their less savvy spouse into a deal. In such cases, mediation simply doesn’t work.’
Choosing the NCDR route is therefore a gamble that largely depends on the solicitor’s judgement. ‘It comes down to experience,’ Beccle says, ‘but if complex cases are in the court system it is for a good reason.’
For further information, please contact Nick Manners or Simon Beccle in the Payne Hicks Beach Family Department or, alternatively, telephone on 020 7465 4300.
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