How our solicitors can help with family dispute resolution
Our expert family law team includes solicitors who are also trained mediators, collaborative lawyers and arbitration specialists, who can also advise you on the terms of your settlement as the process progresses and on the final agreement you reach.
Why choose family mediation to resolve your dispute?
Mediation might be an appealing option if you want to focus on finding an amicable solution to your divorce or separation.
You and your ex-partner will work with a fully trained, completely neutral mediator to come to an agreement on divisive issues such as arrangements for children and financial settlements in a calmer, more collaborative environment than a Courtroom.
You must have considered whether your dispute could be settled through family mediation before beginning court proceedings. It may not be appropriate, but increasingly the Court wants to know that it has been considered before litigation proceeds.
Other reasons for choosing family mediation include:
- Less upsetting, confrontational and stressful for everyone involved, especially if you have children
- Faster, and therefore cheaper, than going to Court
- You reach an amicable settlement with your ex-partner on your terms, not the Court’s
Your solicitor can advise you whether family mediation is a suitable approach for your dispute.
Why choose collaborative law to settle your dispute?
Collaborative law is a different way of dealing with divorce or separation that’s distinct from a co-operative or conciliatory approach to negotiations.
You, your ex-partner and your respective solicitors sign an agreement stating that you all agree to resolve the issues between you without going to Court. This allows you and your ex-partner to achieve a mutually acceptable agreement in a dignified manner.
The aim is to reach an agreement through consensus and avoid having a decision imposed on you by a judge, which you both may find unacceptable and is often extremely expensive and divisive.
Collaborative law doesn’t suit everyone, but many couples find it an extremely rewarding process. It requires both of you to participate freely, openly and actively at a series of meetings aimed at resolving disputes, such as how to divide your business assets or finances, and how you will care for your children.
Once the formal collaboration process has begun, if either of you decides to go to Court, both your solicitors will have to stop acting for you and you will need to instruct new legal advisors. So you both need to be committed to the process from the start.
We can discuss with you whether collaborative law is appropriate for your situation.
Why choose arbitration for dispute resolution?
Family arbitration is the process of appointing someone to determine the appropriate property and financial settlement for your circumstances. It’s a method of alternative dispute resolution, and the aim is to reach a sensible outcome more quickly and with less expense than going through the Courts. It is also entirely confidential.
The process can be tailored to meet your and your ex-partner’s specific requirements, both in terms of timings for each stage and what the arbitrator is asked to determine. The arbitrator may decide upon the whole financial settlement or upon specific elements of it.
Arbitration will not be suitable for everyone, particularly if there are concerns over complex or hidden assets. It will require both of you to fully engage in the process and to be open with each other.
