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Helping to keep your divorce and family disputes out of court

Every couple’s relationship, family and finances are unique, which is why it is so important to receive the right advice from experienced divorce solicitors who understand your situation and can take you through the options available to ensure the best outcome for you and your family.

With court proceedings typically being the last resort to resolve any disputes, we have outlined several of the diverse out of court options, including the introduction of our one couple, one lawyer service to make this sensitive and emotional time as straightforward as possible. All are strictly confidential and require both parties to be open, honest and upfront about the information they provide. However, in doing so and by engaging co-operatively it can help to reduce ongoing conflict and preserve amicable relations at what is already a very challenging time in your life.

How we can help

One couple, One lawyer – resolution together

Based on the Resolution Together model this revolutionary new approach departs from the usual practice of you each instructing your own legal representatives to advise on divorce, financial and children matters. Instead, you work with just one lawyer who advises you both and helps you shape your settlement together. This option aims to minimise conflict by focusing on joint advice, transparency and compromise, steering away from potentially competing advice that creates entrenched positions. For more complex discreet issues which require additional expert input, these can be resolved with the introduction of a third party where necessary and potentially a team of other specialists to advise on other related aspects. For example, a financial neutral, child specialist or family therapist.

Mediation

As with One couple, One lawyer, mediation involves you both using one professional who facilitates discussion to help you achieve a resolution on your children and financial arrangements. However, the difference is that the mediator is an independent and entirely impartial third party who cannot give specific advice. As such, we would advise that independent legal advice is still sought alongside the process. If you require your solicitors with you during the mediation sessions, then this can be agreed. If for any reason you feel uncomfortable being in the same room, then you can still use mediation but be in a separate and safe space away from your ex-partner/spouse. These tailor-made arrangements can help you maintain control during your separation process.

Collaborative

This option sees you and your ex-partner/spouse commit to working as a team to find the best solutions by mutual agreement. You will both appoint your own collaboratively trained lawyer to work together and alongside you. Everything is discussed openly in meetings with minimal paperwork outside of the meetings. You will both have support and legal advice throughout the process which enables you to be informed and to have much-needed guidance whilst at the same time keeping control and shaping your settlement to suit the needs of the family. The team/meeting approach is designed to help you maintain good communication and relations with one another which in turn will impact positively on your family.

Arbitration

Arbitration is a privately timetabled process which can provide you with a swift decision on children or financial issues arising from your relationships that you are unable to resolve. You and your ex-partner/spouse will jointly instruct a professionally qualified arbitrator, who will listen or read submissions on your positions (depending on whether you need to attend in person or can deal with matters on paper). They will make a decision that will be final and binding. Arbitration allows room for flexibility as the dispute is conducted at your own speed and can be managed around your diary. You continue to be supported by your legal representatives throughout the process.

Lawyer-led negotiations

Lawyer-led negotiations are traditionally a highly effective means of addressing the issues between you and your separating partner/spouse. As with all other options, it requires openness and honesty between you. Most of the groundwork takes place at arms’ length, via correspondence. Matters can be resolved in this manner too or at an attended round table settlement meeting. This option could save significant costs if an agreement is reached without protracted correspondence and negotiations.

Early neutral evaluation

This helpful option can be used alongside most other out of court approaches already mentioned. You agree to appoint a neutral third party (usually a senior family law barrister) whom you pay for, to give you their determination on the outcome of your case. This is not a binding decision, but it is a learned evaluation from a highly experienced specialist. The main purpose is to assist those with perhaps more complex issues navigate any potential impasse by hearing from an independent professional how the issues might be resolved. In turn, this is designed to help narrow the issues so you can make swift, informed decisions to keep discussions moving forward. The evaluation can be carried out either in person or on paper and is a highly effective way of addressing discreet issues.

Private financial dispute resolution

Like Early Neutral Evaluation, this option involves the agreement to appoint an impartial ‘judge’ (usually a senior family law specialist) on a private-paying basis to provide a determination on issues you are unable to resolve. This can occur before court proceedings have started or at any stage in the court process before a final hearing is necessary. You choose your private judge who will be fully prepared on your situation. Then, at a venue and on a date of your choice, will give you the time and attention to deal with all or any aspects of the dispute you both wish to address. Again, this will not result in a binding decision, but it is designed to help focus minds on settlement by hearing a view from an experienced family specialist.

Court

Court proceedings are a more traditional process where you make a specific application to be bound by a strict court timetable, which ensures compliance and progress. As a standard, there are three potential hearings and you work with your legal representatives to prepare all paperwork, attempt to narrow the issues, and attend the court hearings where a Judge will address the issues. Your judge is selected at random by the court. A settlement can be agreed at any stage of the proceedings. However, if an agreement is not reached the Judge will determine the outcome at a final hearing. Whilst proceedings can be costly, they do at least bring a formal structure that is often needed in situations where your ex-partner/spouse is not co-operative.

What’s next?

If you would like to find out more about the options available to you and your family or if you need legal advice about the breakdown of your relationship use our get in touch.

We have divorce solicitors ready to help in Bristol, Birmingham, Cardiff, London, Manchester, Southampton and Taunton.

 

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Your key contact

Email Clare Webb
Clare Webb - Family Solicitor - Bristol

Clare Webb

Partner

Bristol
Clare has built her practice with a commitment to helping her clients resolve their issues in a constructive and conciliatory way. In doing so, she will always have regard to the longterm hopes and aspirations for the family as a whole, whilst of course protecting her client’s interest.
View profile for Clare Webb >
Email Philippa Yeo
Philippa Yeo - Family Solicitor - Bristol

Philippa Yeo

Partner

Bristol
Philippa is committed to helping couples navigate all aspects of the legal process on the breakdown of their relationship in a pragmatic, collaborative and family-focused way including supporting couples to reach arrangements for their children and achieve healthy future co-parenting relationships.
View profile for Philippa Yeo >

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