How To Resolve A Family Law Dispute Without Court

A recent news story revealed an IT bug in the HM Courts & Tribunals Service (HMCTS), which caused evidence to go missing. As a result, it is likely cases were decided on the basis of incomplete evidence. This highlights the challenges of using the court system; alongside the delays, the pressure on judges’ time and the uncertainty of a final hearing. It is important to recognise that when you make a court application the judge will ultimately decide the outcome, if you cannot settle before the final hearing. Even if both parties disagree with the judge’s views, their judgement will be binding.

It pays to carefully consider the other options for resolving a family law dispute including any financial settlement or children matters. You may find that one of the methods below is well suited to your situation and we can support you in your choice.

Dispute Resolution Alternatives

1. Solicitor negotiations

In some cases, you may be unable to reach an agreement between yourselves, however with the help of a lawyer, you can still achieve a resolution without requiring the court’s assistance. You and your former partner each appoint a family lawyer to represent your own interests. Your lawyers will then facilitate negotiations, and the outcome reached will be practical and based upon relevant the law. This approach is beneficial because you maintain control over the outcome of your own situation, rather than a court imposing a solution on you.

Solicitors’ negotiations can take many forms including letters and roundtable meetings.

2. Collaborative Law

You may also consider appointing a collaboratively trained lawyer. These are family lawyers with extra expertise in working together with other lawyers to reach a mutually satisfactory outcome. You will have meetings where all four of you are present (you, your ex-partner, and your lawyers), in which you can discuss your objectives and work towards a middle ground.

3. Mediation

Mediation is a useful tool for separating couples, as it is often quicker, less expensive, and less acrimonious than court proceedings or solicitor-led negotiations. The key aspects of mediation are:

• It is private (often called without prejudice). This gives you the freedom to explore ideas and make settlement offers.
• It is voluntary, so you both need to agree to start mediation and to continue. This gives each party a sense of control because it cannot continue without your agreement.
• Mediators are impartial and work to ensure that each party feels heard in the sessions.
• It can help to rebuild communication between separated parties, which can be very helpful for co-parents.

Even if all issues cannot be resolved at mediation, it may help to reduce the number of issues in dispute. Our Head of Department, Vanessa Friend, is a Resolution trained meditator, and can assist with your matter.

Many people consult a lawyer alongside mediation, to make sure they achieve a fair outcome. For peace of mind, you could contact a solicitor for ad hoc advice at the outset of your negotiation or partway through, to make sure you are on the right track.

4. Private Financial Dispute Resolution

In a Private Financial Dispute Resolution (FDR), you and your former partner jointly appoint an independent judge to provide an independent evaluation (known as an ‘indication’) of how they believe the financial issues should be resolved. You and your former partner can either accept this outcome or use it as a basis for further negotiations. During this process, you would also appoint a family lawyer to represent you on the day. As with mediation, you and your former partner will have a say in the location, time, and remit of the FDR.

5. Arbitration

Arbitration is a process whereby an independent arbitrator is appointed by both parties, who then makes a decision that will be binding. A final decision is likely to be reached faster than if you go to court, which can help to reduce costs. While parties do not have a say in the final outcome during arbitration, the process affords more control than going to court. For example, you and your former partner would have the power to choose the venue, and whether to meet face to face or not.

Of course, for some people, court will be necessary. Every family is different. However, it is worthwhile exploring alternative options in the first instance, as they may minimise the issues to be addressed in court.

If you wish to discuss your options with one of our expert family soicitors, we would be happy to help. To speak to one of our legal experts for some initial guidance, please call 0330 822 3451 or request a callback at a convenient time.