Out of court dispute resolution
If you’re seeking an alternative to court, we can support you in using alternative dispute resolution methods to resolve your family law dispute.
We advocate the use of alternative dispute resolution (ADR) to resolve family disputes. ADR methods, such as mediation, collaborative law and private hearings, may not only reduce your legal costs but, perhaps more importantly, allow you to feel involved in making vital decisions about your family’s future.
This can be especially important for separating parents – whether you’re trying to reach an agreement about finances or care of the children – working with our lawyers to achieve an out of court dispute resolution can be a more cost-effective and less stressful way of helping you move towards a successful co-parenting relationship.
Our lawyers will talk through your options at your initial meeting and advise on which methods are best suited to your circumstances. We may recommend one or more of the alternative dispute resolution options listed below.
Non-binding settlements
At an ENE or FDR hearing, you and your ex-partner, together with your lawyers, present your respective cases to a private ‘judge’ - an experienced family lawyer or retired judge who is hired for the day to assist with your case. The judge then gives their opinion on how a court would decide your case. This opinion won’t bind either of you but, in our experience, can help you move towards resolution. Given the pressures on the court system, we regularly recommend private FDRs to clients to ensure the dedicated attention of the judge, in an environment better suited to reaching a settlement. We can host private FDRs or ENEs at either our London or Tunbridge Wells office.Arbitration
In arbitration, the appointed arbitrator – sitting as the judge – will hear evidence from both of you, as if you were in court, and make a final decision. This will be binding upon you. Arbitration is equivalent to the court process but offers the ability to select your judge, the location and how the hearing will proceed. Where it normally takes between six and nine months for the court to list a final hearing, we can arrange arbitration in a matter of weeks. This can result in a significant costs saving, while providing certainty for you much more quickly. Arbitration is suitable for financial disputes as well as disagreements about child arrangements. It can also be used if you can’t agree about a specific issue.Talk to us about
Related services
Meet the team
Our family law experience
Acting for a high net worth individual with multiple companies involving complex business assets and properties in the UK and US. The case is being dealt with by way of collaborative practice.
Representing a party in a heavily contested and complex Children Act proceedings requiring a challenge of expert evidence and reports.
Acting for an intervener to financial remedy proceedings on a novel point of law regarding their rights of pre-emption.
Related thinking
Amendments to the Family Procedure Rules: one step closer to mandatory non-court dispute resolution?
Better outcomes for families with mandatory mediation
What happens if, following divorce, your ex won’t collect their things?
What happens when a spouse does not agree to mediation?
Mediation vs court: mediation is the way forward
Ignore the family court at your peril – it means what it says
Divorce and ADR – when should the ‘alternative’ become the norm?
End the blame game: No fault divorce now a reality
New Divorce, Dissolution and Separation Act passed into law
How to fill in your Form E: tips, tricks and points to consider
Contact us
If you have a question or need advice, please let us know how we can help.
