The family courts place a large emphasis on couples resolving differences without the need for litigation wherever possible. Two of the main forms of family alternative dispute resolution are mediation and collaborative law. We explain the features of each and how they work.
When is Alternative Dispute Resolution Needed?
When you divorce, you will need to put a financial order in place, setting out how your assets and liabilities will be split. You may also need to put children’s arrangements in place giving details of where your children will live and how much time they will spend with each parent. If you cannot agree on the terms between you, then you will generally need to consider mediation as the next step before you ask the court to intervene.
What is Mediation?
Mediation involves meetings with a neutral mediator who will try and assist you and your former partner to reach a solution in respect of any points in dispute. You will have an initial Mediation Information and Assessment Meeting or MIAM with the mediator, who will explain the process and how it might help you.
If you decide to try mediation, you and your ex will attend a series of meetings. You do not have to be in the same room as your former partner, and if you choose not to be, the mediator will shuttle between you.
If you can reach a decision, your solicitor can put the agreement into a draft consent order for approval by the court. If the court is happy with the terms of the agreement, it will seal the order, making it legally binding.
Mediators do not have the power to impose a decision on anyone, so you can be sure that you will not have an outcome that you have not agreed to. If mediation is not successful, you can ask the court to decide your case.
What is Collaborative Law?
Collaborative law involves roundtable meetings between you, your solicitor, your former partner and their solicitor. You will have meetings to go through the matters that you need to agree on to see what common ground can be found.
Meeting in this way can be faster and more effective than negotiating by way of correspondence between solicitors. Even if you are not able to reach an agreement on every single point in the issue, you may be able to make some progress and substantially reduce the contentious matters.
Again, once you have reached an agreement, the court can be asked to seal this to make a binding order.
If you are not able to find a solution and you need to start the litigation process, you would need to instruct a different solicitor, as your collaborative lawyer can only represent you during collaboration meetings.
The Benefits of Using Alternative Dispute Resolution
There are a range of benefits to using alternative dispute resolution, such as mediation or collaborative law, in divorce, including:
- The process tends to be much faster than waiting for family court hearing dates, which can often be delayed and postponed, particularly when the courts have backlogs
- You have more control over the process and will be able to decide what you discuss, when you meet, how frequently you meet and who you would like as your mediator or other lead
- The process is confidential, unlike court where some details will be a matter of public record
- Alternative dispute resolution is generally more cost-effective than litigation, which can be expensive, particularly if the process is lengthy and delays occur
- Alternative dispute resolution can help a couple to work together, for example, in dealing with issues relating to their children, and can prevent a relationship from deteriorating. This is particularly helpful when raising a family
Choosing Between Mediation and Collaborative Law
An experienced divorce solicitor will be able to advise you on the potential benefits of each method of alternative dispute resolution in light of your circumstances.
If you choose mediation, you will not have legal representation during the mediation sessions and the mediator cannot provide you with legal advice. If your partner is domineering, this could be a disadvantage, although the mediator will try and give you both the opportunity to have input. However, there can be a risk that one party may overwhelm the other.
If you were to choose collaborative law, your solicitor would be present to put your case robustly and to provide you with advice and guidance throughout. Having solicitors leading the process can help you both consider issues pragmatically and assess what you might realistically expect to achieve.
For information on our services, see our family law solicitors page.
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Contact Our Divorce Solicitors
If you are going through a separation or divorce, our experienced divorce solicitors can provide expert representation, including with respect to financial matters and arrangements for children. We have wide experience in supporting clients through alternative dispute resolution. We can advise you of your options and discuss the best course of action for your situation and the outcome you want to achieve.
To speak to one of our expert divorce solicitors, ring us on 0300 303 2071, email us at info@witansolicitors.co.uk or fill in our contact form and we will talk through your situation with you and discuss how we can help.
