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What to expect in the private family law sector in 2023?

In the spotlight: Partner Toby Yerburgh, Head of Family Law, shares his thoughts on the future of dispute resolution.

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Published 15 February 2023

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In a Q&A exercise, Partner Toby Yerburgh discusses the trends in the dispute resolution sector for 2023 and what to look out for.

He suggests that courts are facing increasing pressure due to under-resourcing and the need to streamline case management with IT. As a result, practitioners are finding non-court based solutions for cost-conscious clients, and private Financial Dispute Resolution appointments (FDRs) are becoming more common.

Q: Do you see mediation as an increasingly important tool in dispute resolution?

T: Mediation is increasingly seen as an important tool in dispute resolution. The whole landscape of family litigation was changed when court based FDRs (court based mediation) were imposed in Financial Remedy cases. There was some scepticism about these initially but very rapidly it was realised that they were hugely successful in preventing cases going to final hearings. Consideration of mediation prior to the issue of proceedings is also mandatory.

Q: What influence will technological advancements have on dispute resolution?

T: Technological advancements are expected to have a significant influence on dispute resolution, with the possibility of AI being used in place of judges in less complex cases. AI is also potentially better than humans at telling which party is most likely to be telling the truth.

For more advice on dispute resolution, visit our Family & Divorce page.

This article was first published in Eprivateclient in February 2023, where you can read the full Q&A.

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Shorter Reads

What to expect in the private family law sector in 2023?

In the spotlight: Partner Toby Yerburgh, Head of Family Law, shares his thoughts on the future of dispute resolution.

Published 15 February 2023

Associated sectors / services

Authors

In a Q&A exercise, Partner Toby Yerburgh discusses the trends in the dispute resolution sector for 2023 and what to look out for.

He suggests that courts are facing increasing pressure due to under-resourcing and the need to streamline case management with IT. As a result, practitioners are finding non-court based solutions for cost-conscious clients, and private Financial Dispute Resolution appointments (FDRs) are becoming more common.

Q: Do you see mediation as an increasingly important tool in dispute resolution?

T: Mediation is increasingly seen as an important tool in dispute resolution. The whole landscape of family litigation was changed when court based FDRs (court based mediation) were imposed in Financial Remedy cases. There was some scepticism about these initially but very rapidly it was realised that they were hugely successful in preventing cases going to final hearings. Consideration of mediation prior to the issue of proceedings is also mandatory.

Q: What influence will technological advancements have on dispute resolution?

T: Technological advancements are expected to have a significant influence on dispute resolution, with the possibility of AI being used in place of judges in less complex cases. AI is also potentially better than humans at telling which party is most likely to be telling the truth.

For more advice on dispute resolution, visit our Family & Divorce page.

This article was first published in Eprivateclient in February 2023, where you can read the full Q&A.

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