alternative dispute resolution in family law: an introduction
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alternative dispute resolution in family law an introduction
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In recent years, there has been a push from the courts and the legal industry to provide ways to encourage parties to settle without having to go through the trauma of the court process, and our team is capable and qualified to assist you if you choose either of these paths.
Transcript of alternative dispute resolution in family law: an introduction
alternative dispute resolution in family lawan introduction
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Alternative Dispute Resolutionin Family Law
There is no doubt that a divorce or relationshipbreakdown is incredibly stressful. Courtproceedings can be equally traumatic, and alsoexpensive, and often it is in the best interests ofall parties to avoid court if at all possible.
In recent years, there has been a push from thecourts and the legal industry to provide ways toencourage parties to settle without having to gothrough the trauma of the court process, and ourteam is capable and qualified to assist you if youchoose either of these paths.
Here are some examples of the alternatives tocourt.
What if we don’t want to go to court?
Chambers UK 2015
“They have excellent knowledge ofthe key issues and they are highly
professional, polite and prompt.The firm is calm and it is a safe
pair of hands at a challengingtime for those involved.”
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Solicitor negotiation and round table meetingsThe first port of call in a family dispute is usually for thesolicitors of the parties to discuss the issues. These primarydiscussions allow the solicitors to address the main pointswhere the parties disagree, and we can then discuss with youa proposal for settling the case. Usually, both parties makeoffers and then the negotiation process brings the partiescloser together until there is a position which both parties canagree on.
This process can take place by telephone, via writtencorrespondence, or in person. A ‘Round Table Meeting’ wouldtake place in our offices or the offices of your spouse’ssolicitors and all parties attend, in order to hash out thedifferences and hopefully come to a settlement in onemeeting. Of course this does not always work but it doesusually significantly decrease the difference between theparties’ positions.
MediationThe mediation process can be similar to a Round TableMeeting, save that there is an independent third party (“amediator”) who assists the parties in finding a settlement. Thebenefits of mediation are that the process is flexible and canbe changed according to your needs. The process isconfidential and without prejudice meaning that the partiesare free to make admissions about their case, with a view tosettling, without risk of damaging their prospects in thefuture. There are numerous formats for mediation, and it ispossible to attend mediation while sitting in a separate roomto the other party. You are free to choose the format thatsuits you and your case the best, and we can attend to assistyou if you would like.
ArbitrationArbitration has been available under the Family LawArbitration Scheme since 2012. It is a mix of the benefits ofcourt and mediation, in that it is private and you can beflexible with the structure, but the end result is a bindingjudgment which is difficult to contest. It may be appropriatefor you if you are looking for a swift resolution with a bindingjudgment, or where confidentiality is of the utmostimportance to you. Arbitration can be less costly than courtbut is occasionally more costly than other alternative disputeresolution methods as you have to pay the fees of thearbitrator who makes the decisions.
Arbitration is not available for resolving children disputes orthose with an aspect of insolvency.
Collaborative lawCollaborative law is another relatively new addition to theFamily Law arena. It was developed in the USA and is uniquein that it is intended to encourage all parties including theirlawyers to settle. Both parties must instruct collaborativelytrained lawyers (of which we have a number) and you, yourspouse, and your solicitors must sign a document called aparticipation agreement which commits you all to resolve thedispute without involving court. Sometimes this agreementcan include the requirement that if the process is notsuccessful and the matter goes to court, both you and yourspouse have to instruct new solicitors. This means that boththe parties and the solicitors have a significant incentive topersevere with the collaborative process.
You, your spouse and your respective solicitors will hold aseries of four-way meetings and your solicitors will use theirspecific training to encourage settlement and assistnegotiations. The format can be anything you choose, andyou are able to control the timetable. The only time the courtis involved is when it approves and makes the order.
Michele FreynePartnerT: +44 (0)20 3755 5463E: [email protected]
Juliette PetersPartnerT: +44 (0)20 3755 5658E: [email protected]
Jay PatelPartnerT: +44 (0)20 3755 5650E: [email protected]
Lois LangtonPartner: Private Client & FamilyT: +44 (0)20 3755 5559E: [email protected]
Family Team
● wills andinheritance taxplanning
● efficientadministration ofestates
● creation andadministration oftrusts and charities
● trust and estatedispute resolution
● marriage andcohabitation(pre-nups/post-nups/cohabitationagreements)
● relationshipbreakdown(divorce/civilpartnershipsdissolution andfinancialsettlement)
● our specialistchildren’s unitdealing withresidence andcontact, adoptionand surrogacy,international childabduction andchildren disputes
● residential property
● employment lawadvice
● reputationmanagement anddefamation
● personal injury
Services forindividualsinclude:
Alan KaufmanConsultant: Head of FamilyT: +44 (0)20 3755 5538E: [email protected]
No.1 London BridgeLondon SE1 9BGDX 144370 Southwark 4
Tel: +44 (0)20 3755 6000Fax: +44 (0)20 3650 7000
www.howardkennedy.com
