Press Reporting in Family Courts: A New Era and the Rise of Family Arbitration

The landscape of family law in the UK is undergoing significant changes with the introduction of new rules allowing some press reporting in family court proceedings. This development aims to increase transparency and public understanding of family justice. However, it also raises questions about privacy and the potential impact on the parties involved. As a result, there may be a shift towards family arbitration, a private and non-reportable process, as an alternative means of resolving disputes.

Changes in Press Reporting

The recent changes in the family court system permit limited press access to certain proceedings. This move is designed to demystify the family justice process and provide the public with a clearer picture of how family courts operate. However, it also brings concerns about the privacy of the individuals involved, particularly in sensitive cases involving children or financial matters.

The Appeal of Family Arbitration

Family arbitration offers a private alternative to court proceedings, where parties can resolve disputes confidentially. This process involves appointing an arbitrator to make binding decisions on issues such as financial settlements or child arrangements. The benefits of family arbitration include:

• Confidentiality: Unlike court proceedings, arbitration is a private process, and the details are not disclosed to the public or the press.

• Flexibility: Parties have more control over the process, including the choice of arbitrator and the timing of hearings.

• Efficiency: Arbitration can be quicker than court proceedings, which are often subject to delays due to backlogs.

Potential Shift Towards Arbitration

With the introduction of press reporting in family courts, more individuals may opt for arbitration to maintain privacy. This shift could lead to an increase in the use of non-court dispute resolution (NCDR) methods, which are already encouraged by recent changes to the Family Procedure Rules. These rules promote the use of mediation, collaborative law, and arbitration as viable alternatives to court proceedings.

The changes in press reporting within family courts mark a significant shift towards transparency in the family justice system. However, they also highlight the importance of privacy for many individuals involved in family disputes. As a result, family arbitration may become an increasingly popular option, offering a private, efficient, and flexible means of resolving disputes outside the public eye.

If you want advice on any matters relating to divorce, separation, children or financial remedies, you can contact Tayo Taylor at tayo.taylor@mhhplaw.com or on 020 3667 4783.