If a separation or divorce is inevitable, keeping the process non-confrontational is likely to ease the transition and lead to longer lasting solutions. In fact, very few couples need to involve the court and there are other options such as Mediation, Collaborative law and Family Arbitration that may make the process of separation or divorce less difficult.
Separation without hostility: Mediation
Mediation is not a form of relationship counseling or intended to help a couple get back together but rather a way to help couples who are separating decide how to end their relationship without increasing levels of hostility. In the mediation process, you and your partner along with a trained and neutral mediator will discuss important matters in relation to money, children and other consequences of the separation. The goal is to reach a fair solution tailored to your own circumstances.
Separation without hostility: Collaborative Law
Collaborative Law lets you talk through the issues you need to solve your partner, each having a specially trained lawyer by your side. It is an attempt to try and resolve issues without going to court in which everyone signs an agreement to underline their commitment to this cause. Your collaborative lawyer will not be able to represent you in court, should negotiations break down. This assures that all parties involved will try their best to reach a solution out of court.
Separation without hostility: Family Arbitration
Family Arbitration is a new method of alternative dispute resolution. Arbitration is a means by which you and your spouse can resolve your finances and property issues without the expense of court proceedings. Both you and your partner must agree to use arbitration but once an arbitrator has been appointed, you will not be able to back out without your partner’s agreement. The arbitrator will give a binding ruling, known as an “award” after reviewing all the evidence and facts and taking into account your views on what you think should happen.
Our lawyers at Expatriate Law would be happy to discuss and assist with any of the above methods of alternative dispute resolution. Our lawyers are committed to assisting you resolve your family law matters without delay, hostility or unnecessary cost.
This article has been prepared in support of Family Dispute Resolution Week. Please refer to www.resolution.org.uk for further details or contact our Resolution Accredited solicitor at [email protected]