Good Divorce Week 2022- A Jersey Perspective

• Published date: 05 December 2022
• Subject Matter: Litigation, Mediation & Arbitration, Family and Matrimonial, Arbitration & Dispute Resolution, Divorce
• Law Firm: Carey Olsen
• Author: Ms Tara Lee and Victoria Cure

Good Divorce Week, which began on Monday 28 November, is an annual campaign in the UK that aims to promote practical and constructive ways for separating parents to put the needs of their children first. This year, Resolution, an association of family law professionals, is highlighting the crisis in the family courts of England and Wales and raising awareness of all the different ways families can resolve their disputes away from the court, where it is appropriate to do so.

Alternative Dispute Resolution in Jersey

In Jersey the courts do not experience the same delays as the English system. This year, in Jersey the family court has moved to a new location at International House - which has been specially designed to encourage parties to settle their matters outside the court. The new court provides various comfortable meeting rooms and parties are encouraged by the Registrars to attend court early to see if a resolution can be found. We are lucky in Jersey to have a well-functioning court system, but the principle remains that parties should only have recourse to the court as a last resort, save in limited circumstances, and the benefits of alternative dispute resolution ("ADR") remain as significant in this jurisdiction as elsewhere. ADR is a means of resolving disputes that doesn't involve going to court. There are plenty of great reasons to explore ADR including:

• Generally less expensive than litigation.
• Avoids the stress (both emotional and financial) of going to court.
• Usually the quickest route to reaching a resolution.
• Flexibility: parties can choose the forum of ADR.
• Helps limit the hostility between parties and maintain an ongoing relationship, which is of particular importance if there are children and parents need to continue co-parenting for years to come.
• Autonomy: allows parties to maintain control and make decisions together rather than decisions being imposed on them by a judge Any agreement reached is likely to be adhered to in the long term if parties have had input into the process themselves.

There are a wide range of ADR options and the process selected will depend upon each family's circumstances. The three main forms of ADR we commonly come across in Jersey are:

1. Private Financial Dispute Resolution ("FDR") hearings

A private FDR hearing is a without prejudice hearing (meaning that you can have a full and frank conversation without worrying about what you say being repeated in court) at which the parties appoint a...