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The issue of delay in financial remedy cases: why not engage in arbitration instead or arrange a private FDR? Date:11 FEB 2021
There is no disputing the fact that the Family Court has faced numerous unprecedented challenges as a result of the Covid-19 pandemic. Judges and court staff are under considerable pressure to ensure that there is a continued access to justice. However, with increased pressure, demand, and workload, delay to financial remedy cases has unfortunately been inevitable. For a client, delay can mean increased stress, costs, and uncertainty all of which are of course not welcomed, especially when tensions may already be high owing to the changed commercial reality of some cases. Nonetheless, there are various options that can be pursued to minimize delay in financial remedy cases; two increasingly popular options being engaging in arbitration or arranging a private FDR.