A Kenilworth solicitor is calling for alternatives to court to be utilised more as the backlogs and delays to family court continue to grow.

Stuart Daniel, head of family law at Mander Hadley, said last-minute cancellations and growing wait times are only adding to the financial and emotional burdens being placed on families grappling with the country's legal system.

The firm, which was launched over a century ago, offers a wide range of services from conveyancing, commercial property, employment matters, Wills, powers of attorney and civil and commercial litigation.

And through its extensive family services, Mander Hadley is seeing the same issues impacting cases and clients.

"We have had hearings listed for months that were suddenly cancelled a few days before due to lack of judicial availability," Stuart explained. 

"In one matter, we are still waiting for a new date. 

"In other cases, hearings have been moved at the last minute to another venue or converted to a remote (video) hearing."

Stuart explained how this can have a real impact on those involved.

"Cancellations are just added stress for our clients in what is already a difficult time for them," Stuart explained.

"These sudden changes leave families feeling stuck and anxious, forcing them to rearrange childcare, take time off work and repeat months of legal preparation.

"Going through legal proceedings is stressful enough, but when a family is told it has to wait another few months to get to court they have to go through the stress and mental toll all over again."

Some of the Mandler Hadley team at East Chase Distillers in Kenilworth (image supplied)

Continued delays also add to the costs of legal proceedings.

While a hearing may be prepared months in advance, an adjournment means the solicitor will need to revisit the work further down the line.

"Legal documents need updating and preparation has to be repeated," Stuart continued. 

"That means extra costs for families at a time when many can least afford them."

According to Stuart, the backlog reflects structural pressures in the Family Court system.

With legal aid cut backs many people are representing themselves which can slow things down and make hearings less effective.

As well as investment in more judges and extended court hours, Stuart believes there are measures that have already been used previously which could make an immediate improvement in reducing the backlog.

"I would like to see more hearings take place by video or telephone," he said. 

"During the pandemic that approach worked well and hearings were dealt with more quickly. 

"There was less waiting around, and remote hearings were preferential to those clients who struggled to otherwise obtain leave from work to physically attend at court. 

"The litigation process via remote hearings was also far easier and less stressful to those clients who had experienced domestic abuse, who found comfort in the fact that they may not have to attend a court hearing and be in the presence of their abusive ex partner. 

"Remote hearings offer a degree of distance and comfort for such victims."

"Since then, there has been a push to return to physical hearings, but virtual hearings could help manage backlogs and reduce delays."

Longer wait times continue to hit family court (image by Elliot Brown)

Stuart also noted that there are many alternatives to resolving family matters in a courtroom.

He continued: "The courts themselves now push mediation and other forms of alternative dispute resolution. 

"In finance cases, private FDRs can offer a quicker route where parties agree to appoint an appropriate Chairperson (perhaps a qualified and experienced solicitor or barrister, or other legal expert, to hear the dispute and act as a private judge." 

"A good solicitor will always be willing to pick up the phone and talk to the other party's legal representative to try to narrow the issues in dispute and make progress. 

"It is a considerable source of frustration to me that some legal representatives resist such efforts and seem to prefer the litigation process, often briefing a barrister to resolve the case instead.

"For cases involving children, mediation is a valuable option to give families closure without the added stress and strain of court time."

Encouraging families to explore out-of-court settlements can help avoid the backlog altogether, especially in disputes that hinge on communication rather than strict legal determinations.

Mander Hadley's offices on Kenilworth's Warwick Road (image supplied)

"Families deserve timely decisions so they can move on with their lives. 

"With investment, smarter use of technology and a stronger culture of resolving disputes outside the Family Court, the system can deliver that without leaving parents and children in limbo."

First launched in Coventry, Mander Hadley is one of the "most well-established" firms of solicitors in the local area, providing a huge breadth of legal services. 

With an office on Warwick Road, the firm has a strong presence in Kenilworth, and with the launch of a new office space in Warwick this year, Mander Hadley is eager to expand even further.

With a team of around 40 staff, the firm also prides itself on offering a full range of legal services to its clients.

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