The family courts in England and Wales are under unprecedented strain, with growing backlogs and delays caused by an acute shortage of judges and a looming recruitment and retention crisis. Evidence from the 2024 Judicial Attitude Survey highlights serious concerns within the judiciary, revealing that a significant number of salaried judges intend to leave the bench within the next five years.
Judges are reporting extreme workloads, poor working conditions and a lack of administrative support, alongside growing concerns for their personal safety. Many also point to continual losses in real-terms pay, a perceived decline in public respect for their role and a sense that their work is undervalued by government. The result is high levels of judicial stress, a reduction in the number of available family court sitting days and longer waits for hearings. Ultimately, this means increasing costs and uncertainty for families.
The crisis comes at a time when the courts are already struggling with record backlogs. Cases are taking longer to progress due to the increasing complexity of family disputes, systemic inefficiencies and limited capacity throughout the justice system. Poor administration is also contributing to the problem, with nearly a third of cases reportedly having at least one hearing cancelled and rescheduled.
While the courts continue to prioritise cases involving children, financial disputes are often delayed or removed from court schedules altogether. Reduced funding and the shortage of judicial resources mean that the system is struggling to meet demand. As a result, there has never been a greater need for families to explore out-of-court dispute resolution methods, which are becoming a vital alternative to the overstretched public system.
Our team of specialist family lawyers are encouraging families to consider these alternative routes, which can often offer quicker, more flexible and less adversarial ways to resolve disputes. The firm’s family law team has seen a rise in demand for processes such as mediation, arbitration, collaborative law and private hearings.
Senior associate, Rebecca Aston-Jones, said: “Mediation remains one of the most accessible and widely used options, requiring parties to at least attempt the process before pursuing a court application. It involves a neutral mediator helping couples explore potential solutions collaboratively, often over a series of sessions held either face-to-face or online.
“Arbitration, meanwhile, is gaining popularity for those seeking a binding decision without going through the courts. It allows parties to appoint their own arbitrator and tailor proceedings to their needs, offering flexibility and speed.
“Collaborative law offers another solution, where both parties and their specially trained solicitors sign a participation agreement committing to resolve disputes without going to court.
“Private Financial Dispute Resolution hearings (private FDRs) are also proving increasingly attractive, offering the structure of a court process but in a private setting. In these hearings, a judge or senior barrister provides a non-binding evaluation of what a fair financial settlement might look like, giving the parties a strong framework for negotiation.
“Many clients find arbitration and private hearings less stressful and more efficient than waiting for court dates. These options also allow for more relaxed venues, helping to reduce tensions between parties and promote constructive discussions.”
As the judiciary continues to face growing pressures, experts warn that alternative dispute resolution will play an increasingly crucial role in ensuring families can reach fair and timely outcomes.
Speak to our team
For more information on out-of-court options, please request a consultation with a member of our family team.
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