Despite the best efforts of court staff, the significant backlogs and delays in the family court are frequently leaving families in limbo for long periods of time.
Thankfully, there are more and more options available for resolving family law issues and divorces that don’t involve going to court. Here are a few of them to discuss with your local family law solicitor.
Mediation
Mediation is a series of meetings held between the parties and a mediator to discuss relevant issues and reach an agreement.
The mediator acts objectively and helps structure discussions and assist negotiations. This method allows parties to retain control over their decisions and enables practical, as well as legal, matters to be addressed together.
This can be beneficial for parties who are looking for flexibility and are wanting to create solutions that will work in line with specific family circumstances.
‘Round table meetings’/Collaborative law
During this option, parties and respective solicitors sit down to work towards an agreed outcome. This is a voluntary resolution process that aims to encourage people to work together respectfully.
Everyone signs a participation agreement committing them to resolve the dispute outside of court and within specified parameters. This allows agreements to be made while avoiding lengthy correspondence between solicitors, making it both cost-effective and often less stressful than dealing with the matter in court.
If parties are still able to communicate openly but have complex legal issues that require resolution such as the splitting of assets or businesses, this could be a good choice.
Arbitration
Arbitration is effectively a private version of court proceedings. A third party, typically a senior barrister who specialises in family law and is trained as an arbitrator, can be chosen to make a decision which is then final and binding. This decision can be appealed in the same way a court order would be.
This option works well for particularly sensitive cases which require additional discretion. Arbitrators’ decisions are typically shared within 45 days of proceedings being closed, meaning it can be a relatively short process. The decision will be shared with both parties, along with the details of why and how it was made.
Private FDRs
A financial dispute resolution hearing (‘FDR’) is where both parties are encouraged to negotiate and reach an agreement in the presence of a third party. Whoever the third party is will then give an indication of what they think the outcome of the proceedings will be.
Their view is not final and binding but gives the parties a suggestion of the likely outcome in the hope of nudging them toward a settlement.
This process gives both involved the opportunity to benefit from legal advice from an experienced professional.
