Family law disputes can be emotionally charged and financially draining. For this reason, you may have opted for a DIY divorce only to find that a final agreement cannot be reached.
How do you unlock the deadlock and who do you turn to for help?
To ensure that all aspects of a financial agreement have been considered and full terms are agreed, you may need the experience and skill of a family lawyer.
The traditional court system might seem like the only option, but it may not be the most efficient or productive route. There are several innovative out-of-court processes which offer viable alternatives,
Solicitor consultation
An experienced solicitor can advise you on the best way of tackling unforeseen and emerging conflicts between you and your ex and advise on what is appropriate and fair. The right advice given can assist you to get agreement with your ex and the solicitor can draw up the consent order documentation to be lodged at court to make the agreement binding and final.
Family Mediation
This widely used process uses a neutral mediator to facilitate discussions on points in dispute between parties to reach a mutually agreeable settlement. Mediation prioritises communication and flexibility, often resulting in faster and cheaper resolutions than court proceedings. It’s ideal for couples willing to work together despite their differences but may not be suitable for high-conflict situations or when power imbalances exist.
Collaborative Law
If you have been able to reach an amicable agreement to a point and are committed to dealing with matters openly and amicably, remaining points in dispute could be resolved in a collaborative four-way meeting. Formal agreement is required to this non- court approach.
Meetings are attended by both parties, their lawyers and if necessary, a financial expert, (if specific financial or pension advice is required to enable you to reach a fully informed settlement). The lawyers will actively participate in negotiations, focusing on creative solutions and preserving open communication. This cooperative approach fosters trust and minimises animosity, often leading to faster and more satisfactory outcomes.
Hybrid Mediation
Combining elements of family mediation and collaborative law, hybrid mediation offers a way of reaching an agreement on remaining issues. You and your ex will attend a mediation with your lawyers who are directly involved in the mediation process. This gives the benefit of legal expertise alongside the mediator’s communication guidance. This hybrid approach can be beneficial for complex cases or discrete points of dispute requiring legal input while upholding a collaborative spirit.
Arbitration
If you disagree on a point of law, for example relating to the ringfencing of an inheritance of business interest, you may require a more formal dispute resolution process. In arbitration, an independent arbitrator makes a binding decision after hearing arguments from both sides. Unlike mediation, arbitration does not involve negotiation, and the arbitrator’s decision is final and enforceable. This approach can be suitable for specific issues with clear parameters, but it is less flexible and involves higher legal costs than mediation.
Choosing the Right Process
The best out-of-court process for your family law dispute depends on various factors, including the nature of the conflict, the level of communication between parties, the desire to remain on amicable terms and the complexity of the issues involved.
Consulting with a family law solicitor experienced in alternative dispute resolution methods can help you make a decision as to the best way to finalise your financial agreement.
The benefits of avoiding a court process:
Opting for out-of-court processes often offers numerous advantages, including:
Increases the chances of retaining an amicable working relationship which is best for your children and the family.
Fosters better communication and cooperation between you.
Avoids significant legal costs.
Out-of-court processes are quicker than court proceedings, leading to a swifter resolution of your family law matter.
You have more control over the process and the outcome.
Remember: Every family law situation is unique, and there’s no one-size-fits-all solution. Exploring alternative dispute resolution methods with professional guidance can empower you to find the most efficient and amicable approach to your family law challenges.
Contact us : for a free 20-minute consultation to find out how we can help you to bring your financial discussions to a conclusion and reach a final binding agreement in your divorce, call 01962 217640 or email joannehouston@just-family-law.com
Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Please consult with a qualified family law solicitor for guidance specific to your situation.
