A good divorce fundamentally involves the couple being able to reach a negotiated agreement, be it about children, finances or both, that they both feel comfortable with. So often in general conversation or in the media it is suggested that the involvement of lawyers will involve huge costs and a high level of acrimony but often that is simply not the case.
Alternative Dispute Resolution (ADR) offers a more flexible and collaborative approach to resolving family matters outside the courtroom. Karen Moores, joint head of our Family team and recognised leading partner in the Legal 500 directory explains.
Seeking legal advice can help give people the confidence that the sort of decisions that they are making, or agreements that they are being asked to reach, are sensible and reasonable. Equally if someone holds unrealistic expectations then sensible advice can help them reassess those expectations and enable them to progress to a consensual resolution thereby avoiding issuing costly proceedings where ultimately a judge, after much expense, will impose a resolution which is far from their original view of a fair settlement.
“Fairness” can, at least initially, be very much in the eye of the be-holder but thoughtful and reasonable advice, that is aimed at helping a couple to reach an agreement, can explain the court’s view of fairness so that you can understand the likely outcomes in your situation. With that knowledge you can be assisted in reaching a negotiated agreement that enables you each to have a say in what the future looks like and enables some aspects of your agreement to be more tailored to your individual priorities than a court imposed resolution can cater for.
Resolution Together
Resolution Together the “one lawyer, one couple” approach is a way for separating couples who want to work together to manage their separation. Both parties use the same family lawyer who provides joint legal advice with the focus being on the best interests for the family as a whole rather than one party “winning” over the other with a shared goal of avoiding potential conflict
The instructed solicitor will help a couple in arranging other professionals to provide any additional support which might include financial advisers, accountants, family consultants, barristers or arbitrators who can provide a neutral evaluation of the situation.
Collaborative law
The collaborative law process involves each party appointing their own collaboratively trained solicitor who advises each party enabling couples to set their own agenda prioritising what matters to them in order to reach a solution.
The process is based on a series of four-way meetings. During the four-way meetings, both parties provide full financial disclosure in relation to financial matters and if there are any issues concerning children, they commit to finding solutions that meet the best interests of the children.
If required the parties and their lawyers can also work with other professionals such as financial specialists, counsellors and psychologists to assist in the process.
Private Financial Dispute Resolution (pFDR)
A Private Dispute Resolution is a form of Alternative Dispute Resolution and one that takes place outside the court - usually at a solicitor’s office or barrister’s chamber.
Couples, through their solicitors choose, and privately and jointly instruct an evaluator who acts as the “judge”. The evaluator can either be a barrister or solicitor that specialises in family law and often, they may sit part time as judges in court themselves. As a specialist family lawyer, they will be fully aware of the intricacies and nuances of family law.
Is alternative dispute resolution the best option for me?
Alternative dispute resolution can be an advantageous option for many individuals seeking to resolve matters outside the traditional court system. It offers a more flexible, often quicker, and potentially less expensive way to settle family affairs.
However, whether alternative dispute resolution is the best option for you depends on the specifics of your situation, and the willingness of both parties to negotiate.
Get in touch
Our team offer an initial fixed fee consultation and can advise to your individual situation and help determine if ADR aligns with your goals and circumstances.
To get in touch call us on 0121 746 3360 or submit an online enquiry and we will get back to you shortly.
 |
 |
 |
 |
 |
 |
|
