What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

Court Delays And The Growing Importance Of Non‑court Solutions

Pressure on the family courts continues to be a key issue, with delays affecting many types of cases, including financial remedy and children matters.

As a result, there has been a marked shift towards resolving disputes outside of the court process. Non‑court dispute resolution (often referred to as NCDR) is being actively encouraged and increasingly expected by the courts.

Options such as mediation, arbitration, collaborative law and private Financial Dispute Resolution (FDR) hearings can offer a more flexible and timely alternative. In many cases, these routes allow parties to retain greater control over the outcome and avoid the uncertainty of court timetables.

This shift is also reflected in wider changes to the family justice system, with a clear policy focus on reducing conflict and encouraging early resolution wherever appropriate.

That said, court proceedings will still be necessary in certain cases—particularly where urgent decisions are required or where there are safeguarding concerns. The key is identifying the right approach at an early stage.

What this means for clients

Clients are now expected to give real consideration to non-court options before issuing proceedings. Taking early legal advice is key in determining which route is most appropriate. In many cases, a carefully considered strategy from the outset – including whether to pursue mediation, arbitration or a private FDR – can significantly influence both the timing and outcome of a case.

How Wollens can help

We work closely with clients to assess the most appropriate route at an early stage, taking into account the complexity of their circumstances, the need for certainty, and the potential timescales involved. In many cases, a well‑managed non‑court process can achieve a more efficient and controlled outcome. Where court proceedings are necessary, we ensure that clients are fully prepared and strategically positioned from the outset.