Free Divorce and Mediation Advice: Do You Know Your Options

Divorce or separation is often a time of heartache and anxiety, but it doesn’t always have to end in court. It is better to try and resolve issues, such as arrangements for your children and your financial needs, by other methods.

DIY: Negotiating Between Yourselves

This is the cheapest option. This can work if you remain on good terms despite agreeing to separate. However, it is still important to take legal advice to ensure that it is fair and that you understand its implications. If you do not, the agreement may not be binding.

Mediation

This helps couples work things out together. It is not relationship counselling. An independent and neutral person (usually a lawyer) will help you identify any issues and create an environment where you can discuss them constructively. He/she will look at the options with you. It often reduces any difficulties in your relationship. The mediator can give you legal information but cannot advise you. Any agreement you reach during the process is not legally binding until solicitors convert it into a binding document. You may therefore both need a solicitor to guide you during or after the process is completed.

Collaborative Law

This process enables you to discuss any issues face to face with your specially trained solicitor next to you. As with mediation, you take more control over the process. Everyone signs up to an agreement to commit to resolving matters without going to Court. If this is not possible, the solicitors cannot represent you any longer. This means there is a real commitment to finding a fair solution by agreement. It frequently reduces the time it takes to resolve your separation and your solicitors’ communications are also reduced because you will meet together to work things out.

Family Arbitration

If you have not been able to resolve one or more issues, you may decide to ask an arbitrator to help you. The arbitrator’s role is similar to a judge. He or she will be able to make a binding decision after the relevant evidence has been considered. It is usually far quicker and cheaper than making a Court application. You can agree which arbitrator to appoint and have consistency throughout your case. He/she is unable to deal with children’s matters.

Traditional negotiation/litigation

This is still the most commonly used way of resolving issues. Your solicitor will advise you on what he/she considers is the likely outcome of any eventual Court proceedings. He/she will then try and negotiate an agreement for you. This will involve solicitors’ correspondence and telephone calls. If an agreement cannot be reached, an application will be made to the Court. Negotiations can continue alongside the Court process but Court proceedings are often expensive and can take a long time to resolve. The Court usually has a broad discretion to do what it considers fair, and therefore there are frequently uncertainties of outcome. What is best for you and for your family depends on many factors. Each family is different. However, it is usually best for everyone if you can avoid Court proceedings and reach an agreement with as little acrimony as possible, particularly if you have children.

Family Dispute Resolution

IBB is pleased to announce its support of Resolution’s Family Dispute Week November 25th – 29th 2013. The family law team will be offering a free 30-minute consultation to provide you with information on the different options available if you are considering divorcing or separating. We will explain the alternatives to the traditional court route to divorce, including mediation, collaborative law and arbitration. We will not be providing you with legal advice. To book your free appointment please call us on 01494 790058 or email familylaw@ibblaw.co.uk.