How to resolve a family law dispute — what are the options?

Court based litigation does have its place and in some cases is unavoidable as a method of resolving family disputes. However, many cases can be resolved in alternative ways that do not involve court.

Mediation

Perhaps the best-known form of out of court dispute resolution is mediation. 

A mediator is impartial, and meets the parties together to assist them in identifying those issues that are not yet agreed upon and to help them to try and reach agreement.

Mediation is a flexible process which can involve the parties discussing matters directly with the mediator in the same room. Where this is not appropriate, the mediator can use ‘shuttle mediation’ to travel between the parties (who remain in different rooms) to continue the discussion. It is usually advisable for parties going through mediation to retain their own solicitors to provide independent advice following mediation sessions, to assist them in making informed decisions.

Integrated mediation (also known as lawyer inclusive mediation) and hybrid mediation are also options.

Integrated mediation (also known as lawyer inclusive mediation) is a process that involves the participation of other family law professionals and experts to give advice and support to the parties during the sessions in what can be complex or difficult cases. Hybrid mediation is similar to Integrated mediation process outlined above except it is agreed at the outset that the mediator will only share information with the other side which they have been authorised to disclose. This means that the mediator can have separate, confidential meetings with each party. For more about these options see here. 

Collaborative Law

Another option is collaborative law. It may be suitable for a more complex case, where the parties, together with their own legal advisor, engage in negotiation. Each party will instruct their own collaboratively-trained solicitor with all (clients and lawyers) signing an agreement committing to resolve issues without going to court, therefore providing an incentive for an agreement to be reached. Negotiations take place through a series of face-to-face meetings.

Separating Together: One Couple One Lawyer

The One Couple One Lawyer approach enables both parties to instruct a single lawyer to provide advice and support to them both. Until recently it was a requirement that both parties had their own legal representation. The lawyer will help guide them both towards a final outcome whether relating to the financial issues that arise following divorce, dissolution or separation or arrangements relating to children or both.

If the parties’ joint aim is to reach an outcome together this could be an appropriate option.

Negotiation through solicitors

Even if one of the non-court options mentioned above is not engaged, the vast majority of family law solicitors will do what they can to keep matters out of court, engaging in the use of round table meetings to help clients broker a solution.

Solicitors will negotiate through a series of correspondence, telephone calls and round table meetings to help support parties reach a solution.

If none of the above prove successful:

Litigation — Court

The process for court based litigation depends on the application being made.

The most common in family proceedings are financial remedy, TOLATA (Trusts of Land and Appointment of Trustees Act) proceedings, Schedule 1 and Child Arrangements.

Litigation — Arbitration

Arbitration is another option. It involves the parties appointing an arbitrator to decide their case in the same way that a judge would in court. However, arbitration proceedings can move much more quickly and flexibly than through the court system. The arbitrator’s decision is binding and confidential. Arbitration deals with children matters as well as financial disputes, enabling complex cases to be settled in a matter of weeks rather than months.

Summary

Expert advice from a family law solicitor is essential to ensure that parties understand not only how their case might be resolved, but how this can be achieved and when the optimum time might be to propose a certain process.