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29 March 2024
Issue: 8065 / Categories: Legal News , Procedure & practice , Family , Divorce , Mediation
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NLJ this week: Private FDRs & other ways to kick the combat out of divorce

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A range of options are available for separating couples wishing to iron out their disputes without going head-to-head in court. In this week’s NLJ, Joanna Newton explores what’s available and sets out the pros, cons and quirks of each

Newton, partner at Stowe Family Law, writes: ‘Family lawyers are seeing a marked reduction in the number of couples going to final hearing, instead choosing more cost-effective, less acrimonious routes to getting a consent order in place.

‘In 2018, 14% of finance cases went to a final hearing. By 2023, this had fallen to around 3%.’

In an article packed full of information and practical advice, the author looks at FDR (financial dispute resolution) hearings, private FDR, mediation, collaborative divorce and arbitration.

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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