When resolving family disputes, be they regarding matrimonial finances or contact arrangements with children, most people assume the only mechanism for reaching an agreement is through the Courts.
This is not, however, accurate which is good news for couples and parents alike as there are many disadvantages of the Court process. Some of these disadvantages are listed below:
- The Court process is slow with months separating hearings and the parties having no ability or discretion to speed up the process.
- Court is by its very nature adversarial meaning it is often more difficult for separated parents to cooperate in the upbringing of their children having opposed one another in Court.
- Judgments can leave a family with very little autonomy if an Order dictates when, where and how often a parent can see their children. Often these Orders are drafted to remain unaltered for a child’s entire minority.
- Court can be very expensive. Huge amounts of solicitors’ time is used preparing Court bundles, experts witnesses may need to be instructed while barristers will be employed to present the case to the Court.
Fortunately, there are alternatives to Court for families wishing to explore quicker, more collaborative ways of dispute resolution. Here at Nalders we are fully committed to exploring all of these avenues with our clients at the outset of their case to ensure they choose the right path for their family.
Below is a list of alternative dispute resolution processes endorsed by Nalders for families:
- Mediation http://www.cornwallfamilymediation.co.uk/ https://www.accordmediation.co.uk/
- Child Inclusive Mediation
- Hybrid Mediation
- Arbitration http://ifla.org.uk/ and
- Early Neutral Evaluation
Each of these processes returns autonomy to the family both in terms of the timetabling of events and the outcome of cases. The faster resolution of issues also typically makes all of these alternatives more cost effective than pursuing Court proceedings.
Your Nalders Family Solicitor will be able to support you and your family throughout the process of exploring alternative methods of dispute resolution. We can introduce you to a variety of external professionals, coordinate and facilitate meetings, oversee, review and advise on the counsel you are receiving, all the while remaining a committed advocate for non-divisive, collaborative resolution for your family disputes.
If you would like to know more about any of these processes, please do not hesitate to contact Nalders Family Department on MHebbert@nalders.co.uk or call 01872 241414.