Alternative Dispute Resolution (ADR)
There are many options for resolving your dispute away from the courtroom and the courts are very keen for this to be utilised. This is often referred to as Alternative Dispute Resolution or “ADR”. The options are:
Reach an agreement yourselves
You could settle your dispute directly with your ex partner and have a family solicitor that you contact as and when you need guidance. A family solicitor may also be able to convert a concluded agreement in to a contract or court order for you so that it is formally recorded.
Mediation involves an independent third party who may or may not be a solicitor helping the two of you to reach agreement or even just to narrow down some of the areas of dispute.
Most parties generally have a solicitor in the background to give advice and to prepare a formal record of the agreement reached.
You both need to instruct Collaboratively trained solicitors to use this method of ADR. The process involves committing to using this method to resolve the dispute and meetings rather than letters going back and forth between solicitors. Our Cobham office team has completed this specialist training.
You can instruct an arbitrator to decide the outcome of your case but this has to be by agreement with your ex partner. The arbitration is binding, although it can be appealed in certain circumstances.
You can instruct a family solicitor to represent you and try to negotiate a settlement with your ex partner. If an agreement is reached your solicitor will ensure it is formalised.
If all else fails you can start court proceedings to resolve matters in dispute. You will need to comply with the requirements to attend an information session with a mediator first.
For further information please visit www.resolution.org.uk or speak to one of our specialist Family Law solicitors.
More from the Downs Blog
There’s no doubt that the continuing “stay at home” orders have put a strain on relationships, but for those who are heading for divorce, the pandemic has been particularly difficult.
Last Monday was National Divorce Day - so called because it is the first Monday “back to normal” after Christmas, the bills start landing on the doormat and frayed couples have spent too long in close proximity. However, as the numbers of separations are largely on the decline, it seems there is a rise in the “silver splitter” - and if you’re one of them, you might find you’re in for a financial windfall.
During these uncertain times, it is good to know you can count on us.
Even after the recent Government announcement of another national lockdown we remain open for business and are here to help you.
Monday 6 January was dubbed “Divorce Day” by those in the legal profession, as it is the day forecast to be the most likely that couples will start proceedings to separate. However, this year, Divorce Day saw something of a reunification, as the Government re-convened over introducing a “no-fault” divorce.
With Christmas behind us for another year, the prospect of long dark days of January can take their toll on the best of us. Plus, as the Christmas credit card bills start landing on the doormat, it’s hardly surprising to see why this time of year is also known as Divorce Season.
One of the busiest times of the year for a family lawyer is January. There are more new divorce clients than at any other time of the year. This is often attributed to the pressure of the family being together at Christmas. Yule being the straw that broke the camel’s back.
Regular followers of Downs’ news will know that we have closely been following the law surrounding no-fault divorce. In an update published today the legislation will start to be introduced.
In my line of work, I tend to see the statistic of one in three marriages ending in divorce in real life. Whilst many will say signing a pre-nup is one of many things they wish they knew before they get married quite often, separated parties will ask me things they need to know before they get divorced.
Weddings can be stressful enough. Organising venues, avoiding family mishaps and funding are just a few stumbling blocks many people come across – but after the wedding, there’s the actual marriage itself.
Prenuptial agreements, or pre-nups, have been increasing in popularity over recent years. Older people are marrying later in life and living together longer are just a couple of reasons why pre-nups have been thrown into the spotlight. So, when it comes to gathering a lifetime’s worth of assets, it is hardly surprising that people are increasingly looking to protect them.
Here at Downs Solicitors, we have been closely following the changes in the law surrounding “no blame” divorce – today we were really pleased to hear the news that the law will be changed.
This is a question we regularly get asked, particularly where a marriage has broken down and the children are not biological descendants of one of the parents. It can also be a worry if the biological parent has died and leaves the step parent in the child-caring role, as many can be concerned with legal stances surrounding the rights they have to that child.
Close followers of Downs’ blogs will know that we have been keeping an eye on the law surrounding divorce, particularly where no member of the party is at fault.
You’d think the answer to this question would be easy and that anyone would choose family over any situation. However, it seems at times we forget how our assets, such as property and finances, can tear families apart.
If you were keeping an eye on our legal updates during Christmas, you may have noticed we stuck to a slightly less festive topic. Divorce season is well and truly upon us and with a forecast spike in the number of separations, have we simply made divorcing a spouse far too easy?
Whilst the fun and festivities are over for another year, a number of people can find the effects of debt and stress finally take their toll. It is one of many reasons why this time of year is known as Divorce Season. However, there could be a solution to marriage breakdown and over the years I have certainly seen some of the simplest remedies become the most effective.
Tis the season to be jolly, but, we address a slightly more morose topic for a reason. Divorce Day will soon be upon us once again. It is the first working Monday of every year and gets its name due to a surge in divorce applications.
We’ve all probably heard of a pre-nuptial agreement, but what about the lesser-known post-nup? What exactly is it and why are more people looking to write them?
It may seem a strange sentiment, but this time of year actually sees the highest number of divorces than any other time of the year. Dubbed “divorce day” by many of us in the legal profession, January 7 2019 is the first working Monday after Christmas. It is also predicted to be the day we see a predicted spike in the number of divorces – but maybe there is something we can do about that.
We are probably all guilty of it, but, seeing as it is divorce season, perhaps now is the best time to be thinking about some of the things we do that cause unnecessary bitterness.
Whilst the fun and festivities come around, a number of people can find the effects of debt and stress finally take their toll. It is one of many reasons why this time of year, we often term as Divorce Season. However, there could be a solution to marriage breakdown and over the years I have certainly seen some of the simplest remedies become the most effective.
This week is Good Divorce Week, aptly named as a way of raising awareness of the wider impact a separation can bring, particularly for children. Whilst divorce is always difficult, a number of studies have revealed the long-term serious impact on children, specifically around the conflict a divorce brings. Good Divorce Week aims to address the issues affecting children and how separating couples can mitigate any complications by providing practical help and support.