Ways We Can Help

Routes to Resolution

Navigating the inevitable challenges when a relationship breaks down is similar to planning a journey: there’s more than one route, and some are smoother than others. While court proceedings might be the right option in specific situations, for many couples it’s an unnecessary detour when a straight road is right in front of them. Court battles are not only time-consuming and expensive but often leave both parties dissatisfied and strained. Fortunately, there’s a spectrum of alternative methods that can pave the way for a more amicable separation..

From mediation to collaborative law and arbitration, these options provide couples a chance to steer clear of the legal labyrinth and find resolutions that make moving forward a bit less bumpy.

Mediation takes place via a series of meetings between you both and the mediator. Family law mediators are often lawyers too, but they don’t have to be, they are not there to give legal advice but to act as an impartial party who can hopefully help you negotiate any issues that are in dispute including money, property and children.

We don’t offer a mediation service, but we work closely with other family lawyers that do.

The mediator is there to help you reach a compromise and, as such, they are unable to offer legal advice. In view of this we work with couples and individuals during the mediation process so as the mediator can facilitate discussions and we can provide legal guidance and advice throughout. We find that this approach works well and combines legal expertise with mediation’s neutral guidance and support resulting in a more beneficial outcome for the couple.

Whilst mediation is a great process to help couples reach agreement, those agreements aren’t legally binding until they are formalised into a court order. This is where a lawyer’s role is crucial in the process and where we can again help. We draft the agreement reached in mediation into a legally binding consent order which outlines the terms agreed and ensures they comply with the law. We then submit the order to the court for approval, solidifying the agreements made in mediation and making them enforceable by law.

Solicitor negotiation offers couples the option of having a legal ally without necessarily turning it into a court saga. It helps you navigate the complexities of separation with legal guidance. You have the option of either sharing one solicitor so as you can receive legal advice together or each seeking independent legal advice so as you can be represented individually.

Whether using one or two solicitors, this method allows legal professionals to assist in negotiations, provide legal insights and help draught agreements that reflect what is finally agreed. It ensures that everyone understands the lay of the land and maintains a legal framework while aiming to keep matters more amicable and less adversarial than the court process.

When opting for two solicitors, we always encourage the option of roundtable meetings, creating a space where both legal representatives and the couple can come together to discuss matters constructively rather than embark in lengthy written correspondence that can sometimes be unhelpful.

While the term “collaborative” is often used by couples to describe how they are generally seeking to deal with matters, the collaborative law process is a deliberate and structured approach in which couples make a commitment at the outset, together with their lawyers, to steer clear of court.

In this process both couples need to instruct separate, collaboratively- trained lawyers and all involved sign a participation agreement at the start of the matter, pledging their dedication to open communication, transparency and a mutual commitment to finding solution outside of the court domain. All 4 participants then continue meeting together until an agreement is reached.

As collaboratively-trained solicitors, we are well-versed in guiding couples through this process and we’re happy to discuss the process with you in more detail if you’re interested in learning more about how this approach could benefit your situation.

This method appoints a neutral third party, the arbitrator, to make binding decisions on the unresolved issues between a couple. Think of it as a private courtroom without the formalities. In arbitration the couple agrees to abide by the arbitrator’s decisions offering a more streamlined and confidential process compared to traditional court proceedings.

 While similar to a private Financial Dispute Resolution (FDR) in its privacy and flexibility, it differs in that it extends beyond financial matters and provides an enforceable outcome. An arbitrator can be used effectively whether you choose to work with one solicitor or two.

Whilst we take the view that making a court application should be the exception rather than the rule, we recognise that certain situations may necessitate litigation and we are committed to providing robust representation when needed.

We appreciate how expensive litigation can become and our approach involves thorough reviews at every stage of litigation, with a constant focus on settlement to minimise unnecessary costs. Our commitment to settling, when possible, underlines our dedication to cost-effective and efficient resolution.

Throughout the process, we aim to strike a balance between assertive representation and the pursuit of amicable solutions, always keeping our clients’ best interests at the forefront.

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