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Mediation & Non-Court Options

 

Mediation is a civilised method of addressing separation and relationship concerns, such as when to divorce, what constitutes grounds for divorce, how to raise children and financial matters. It has nothing to do with counselling or reconciliation.

If mediation is chosen, then couples will attend meetings supported by a mediator. The mediator is neutral between the parties but can give generic advice as to the legal process in order that a realistic and fair settlement can be achieved. Read more about our Family Mediation services.

 

Types of Non-Court Options For Dispute Resolution In Family Law

 

In Collaborative Practice, Two accredited family lawyers represent the two clients in a supportive environment through a series of four-way meetings, which often involve financial neutrals (such as IFAs, pension experts and financial planners) and family therapists.

Dispute resolution through arbitration can be “on paper” or only cover a discrete issue that the parties are getting stuck on.  It can also take the form of an “in-person” hearing.  However, the arbitration award is just like a court order, ie it is binding.

Private judges may be hired jointly by the parties. Often they are senior solicitors or barristers and some are retired judges. The parties then discharge the “judges” fee and the process can be economical compared with the court system.

Early Neutral Evaluation (ENE) involves a couple seeking joint advice (on all issues or a specific issue) on an impartial basis.

One Solicitor Solutions work well as a method of dispute resolution where the parties are reasonably amicable and do not wish to spend family funds on two solicitors.

 

Benefits of Mediation include:

 

  • Flexible and private
  • Reduces conflict
  • Clients are part of the solution
  • Improves communication in the long term
  • Improves co-parenting
  • Quicker and cheaper

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