The legal landscape has changed immeasurably since Covid 19
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A weekday morning at the local Courts was once teaming with lawyers and clients, the Judges frantically working their way through their long, daily lists of cases. Having visited one such local court this week for a personal hearing, a relatively rare occurrence post-Covid, it ZDV VLJQLࡼFDQWO\ TXLHWHU almost eerily so, with many of the hearings now being conducted on a remote basis. With the use of technology, the whole process of the hearing, with all its formality and protocol, can now be transported into the litigant’s home.
Other changes are on display, demonstrating how the process of Family Law has changed beyond recognition, in the last couple of years. The Courts still recovering from the vast backlog of cases and burgeoning pipeline of work, a legacy of Covid, have seen many Court users opt out of this system altogether. Timetables are more likely to be agreed by the parties, or their lawyers, avoiding direction hearings.
,Q UHVSHFW RI ࡼQDQFLDO proceedings following on from a couple’s separation, these parties involved can opt to have a private hearing, heard by a private Judge, most often a barrister or retired Judge, resulting in a hearing being scheduled, in weeks at their convenience, rather than the many months wait, associated with Court
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Arbitration is another useful process for a separating couple to resolve a child related
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hearing can be conducted, at the convenience of the participants and their legal advisers, and perhaps in a less daunting environment, than a court room, taking place in the arbitrator’s
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Again, an arbitrator can be a barrister, solicitor, or retired judge.
Mediation is another process that has evolved as a result of changing post-pandemic methods and attitudes. Mediation is a process whereby the separating couple will meet with an independent and impartial mediator, normally a lawyer or barrister, who will assist them in facilitating an agreement on any aspect of their separation, be
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or care arrangements for the children. The mediation meetings previously conducted in
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now be routinely arranged for, remotely. This can be so much more conducive to work and childcare commitments, diarised at a moment’s notice, and surprisingly convenient in the fast paced times that we live in. Whether we prefer a face to face meeting or hearing, or one, via a computer screen, it is clear that these changes are here to stay.
This publication is a general summary of the law. It should not replace legal advice tailored to your VSHFLࡼF FLUFXPVWDQFHV