Many reasons can be given for couples to choose to solve financial and child issues that arise from a divorce or separation without having to go to court.
Due to the closure of many courts and reductions in resources, the Court system is facing severe pressure. This has led to lengthy delays. Except for cases involving harm to children or adults, public funding has been cut. Hearings cannot be held in private, and there is usually no judicial continuity. Each hearing will usually be handled by a different judge. It can be difficult for parties to leave the court system once they are there unless they agree.
Many couples desire to be in control of their relationship and have control over the details. They want to use a private system that allows them to set the timings. They are also looking for more cost-effective solutions. We know that every couple has different needs. We provide strategic input to every case, starting with the first meeting. This includes assessing the best process to resolve the matter. There are many options.
The new separation model
- We have learned from many clients and created a better way of resolving matters. Our independent team works together to improve the chances of a quick resolution, minimize conflict and increase speed, and decrease costs.
- How is it possible? We have combined the best of many options and eliminated the parts that encourage parties to take polarised positions. Instead, we have replaced them with independent and focused input that gives direction. If the talks fail, we can give a binding decision without having to go to Court. Our specialist team delivers this private solution-focused process under one roof. It is cost-effective, efficient, and manageable at your own pace.
Mediation
- A mediator is appointed by the couple to assist them in their negotiations and discussions to reach a solution. This can be used to reach an agreement regarding the finances or the children. It usually involves several meetings with a qualified mediator (often a family law solicitor).
- All negotiations are confidential and can’t be discussed in court. Each person will have their lawyer who will advise them in the middle of mediation sessions on areas that need further investigation, etc., and help to negotiate settlements. The proposed terms will be discussed over a series of sessions. While the mediator can provide independent input, he or she cannot give legal advice to the couple. At any moment, you can choose to opt-in or out. A binding court order will be issued following a successful mediation. This is all done electronically so you don’t need to go to court.
- The mediator will meet with each individual to determine their suitability before the mediation begins. The mediator cannot direct the parties to a settlement. This is a problem that hinders mediation’s success. But, mediation can lead to successful resolutions that are quick and cheaper than litigation. They can also provide a solid foundation for future dialogue and communication.
- One of our partners was also a founder member of Resolution Mediation Service. The team has had the benefit of experienced mediators.
Arbitration
- Arbitration is another private method to resolve disputes. You and your ex-partner each have their solicitors. The Arbitrator is appointed to render binding decisions on specific issues or to decide on an outcome. On a private basis, you choose and appoint an arbitrator for family matters (usually a retired judge, practicing solicitor, or barrister). This will review all legal documents and possibly hear your submissions. The arbitrator will render a binding decision regarding financial and property matters or (some) child-related issues.
- Arbitration does not include negotiation. The outcome of the arbitration process will be decided by a third party. It is confidential, bespoke, and can be done at a pace that suits the parties involved. The court will convert the arbitrator’s decision into a Court Order, which is typically done on paper.
- Our expertise in arbitration is unmatched. We have been involved in the development and operation of Family Arbitration Training in England, and elsewhere in Europe, and collaborated with colleagues to create case studies and training materials.
Financial Dispute Resolution Hearings (FDR).
- A court FDR is a mandatory court appointment in financial proceedings regarding family law south surrey or dissolution. After exchanging information about finances, settlement proposals are filed for each party. The FDR Judge, who has a complete understanding of the issues between them, makes an appointment in court. He/she gives a non-binding indication as to the likely outcome of the matter if it continues at court.
- This is so that each party and their legal teams indicate the outcome. They can then negotiate against that backdrop to help them focus their settlement proposals. The Court can approve a settlement if it is reached at that time. The case will go on trial if a settlement cannot be reached.
- Private FDR is the same but is not imposed on the court. It is voluntary, private, and flexible. A retired or experienced judge, such as a barrister, solicitor, or solicitor, will review the documents and give their opinion in a private meeting. To make the agreement legally binding, you can send it to court in writing.
Collaboration
- Each party assigns a Collaborative Practitioner who is a trained lawyer and qualified in the field of collaboration. The objectives are agreed upon by the parties and their collaborative practitioners, and they sign an agreement to work together. The agreement also acknowledges that neither the collaborative practitioner nor the parties can use it to participate in court proceedings unless they agree.
- Round table meetings are held where information is shared and negotiations can take place. Although collaborative practitioners may give legal advice to clients, all discussions regarding settlement and case management should take place in the meetings or via communications open to both sides. A Court Order can be issued if an agreement is reached.