Out-of-court options for resolving issues around family breakdown

Family breakdown is devastating and dealing with the fallout can be one of the most stressful life events you are ever likely to face. As a couple, you will need to agree on fair solutions for how your finances, property and assets are split and where children are involved, their living, contact and maintenance arrangements.

The disadvantages of using the courts to decide on financial and children’s arrangements

With emotions running high, it can be difficult to reach any agreements which are fair to you both, in the short and long term. Traditionally, in these cases a couple would resort to court. In these circumstances, a judge hears both sides of the argument on the issues under dispute, before making a ruling, which is legally binding.

Not only is this method of dispute resolution expensive, but it is also highly stressful, increases the conflict between a couple and can take many months to resolve, owing to the backlog of cases in the family courts. Moreover, it hands all control over to the judge, whose ultimate ruling one of you may not agree with.

Non-Court Dispute Resolution (NCDR) Methods

Owing to the high cost, increased conflict and lengthy delays of resolving issues in the courts, several out-of-court dispute resolution methods have become popular in helping couples to resolve their disagreements. The advantage of these methods is that they are more cost effective, faster and more collaborative, along with allowing couples to maintain control over the outcomes.

Below is a brief guide to the main NCDR methods for resolving family breakdown issues.

Mediation

This involves a couple working with an impartial family mediator to find mutually acceptable agreements to their issues. It is based on open communication and collaboration and can be successfully used to resolve both financial and children’s arrangements. The couple set the pace, maintain control over the decisions and try to remain as amicable and co-operative as possible. This gives a couple a good platform for moving forward with their lives.

Read more about mediation here https://www.tisshawssolicitors.co.uk/services/mediation/

Collaborative Law

This method involves a series of round table meetings with both parties and their lawyers. All involved must sign a Participation Agreement which pledges to keep the process out of court and the aim is to maintain a co-operative and constructive relationship while resolving the issues as creatively and amicably as possible.

Read more about collaborative law here https://www.tisshawssolicitors.co.uk/services/collaborativelaw/

Private Hearings

Private hearings can replace traditional Financial Dispute Resolution hearings and have the advantage of being confidential. They also allow the couple to maintain control over the outcome, as the appointed private judge can only issue non-binding guidance as to the potential ruling were the case to be heard in court.

Read more about this type of hearing here https://www.tisshawssolicitors.co.uk/services/your-finances-divorce/

Arbitration

Arbitration is another out-of-court option, but in this case the arbitrator, which could be a solicitor, barrister or retired judge, makes a legally binding decision on arrangements, after reviewing both sides of the case. The advantages include privacy, speed and the ability to choose an arbitrator with specific expertise in your issues.

Read more about arbitration here https://www.tisshawssolicitors.co.uk/arbitration/

At Tisshaws we are committed to NCDR approaches where possible, as it can save clients money, time and added stress. Richard, Hana and Lidia are all trained family mediators, while Gilva, Richard, Verity and Yasmin are all trained collaborative lawyers. What’s more, our conference room can be configured as a court room for arbitration hearings.

If you are struggling with the impact of divorce and separation, we offer a no obligation initial consultation for a fixed fee of £100 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at [email protected] or complete the form below.