Family law dispute resolution options: How to reach a solution

When a relationship ends, or an issue arises with a former partner that needs to be addressed, as well as considering what a solution might look like, an equally important question is how you are going to try to reach a solution.

Choosing the best service for you and your family’s needs

There are many options available to help you to reach an outcome that works for you and your family. They include non-court and court-based dispute resolution.

So – where should you start?

Initial consultation

Arrange a consultation with a family law expert to help you assess who you want to work with and their approach. Consider the options that could be available to help you resolve your situation with them.

Some ideas for you to consider before your first meeting with a solicitor are here: 15 tips for first meeting with family solicitor

Not all cases need to be litigated. In fact, the court encourages, in fact insists, that non-court options to resolve a situation are explored.

Non-Court Dispute Resolution (NCDR)

Solicitor advice, support and negotiation

 Expert solicitors will help you to identify the key issues for resolution and advise in relation to the law, options and potential outcomes. Each party usually has their own independent solicitor.

Solicitors can provide a negotiation service, usually by correspondence or telephone, to help you reach a solution.

Solicitor negotiation can help you to feel supported, negotiate safely and at arms’ length. This can be helpful if you do not feel able to discuss matters directly with your former partner or in circumstances where communication has broken down or there are other worries or concerns.

Round table meetings

 Sometimes negotiations may include ‘round table meetings’ to work out some of the detail which involves all the parties and their legal teams meeting together.

Your solicitor will help you to design the service you need, which may involve other professionals. Additional team members might include financial advisers, family consultants/coaches, barristers who can advise in relation to your situation and arbitrators who can deal with providing a binding outcome if and when you need it.

Separating together: One Couple, One Lawyer

The One Couple One Lawyer approach enables you and your former partner to instruct a single lawyer, rather than independent solicitors, to provide advice and support to you both.

Your jointly instructed solicitor will help guide you both towards a final outcome whether relating to the financial issues that arise following divorce, dissolution or separation or arrangements relating to your children or both.

If your joint aim is to reach an outcome together that meets your respective needs and the needs of your children, this could be an appropriate option.

If instructing a solicitor together is the right option for you, your jointly instructed solicitor will help you to design the service you need together, which may involve other professionals. Additional team members might include financial advisers/neutrals, family consultants/coaches, barristers who can provide a neutral evaluation of your situation and arbitrators who can deal with providing a binding outcome if and when you need it.

Mediation

 An impartial mediator provides both parties with information and guidance to facilitate them finding their own solutions to the issues in dispute.

Mediation is flexible and can be designed in a range of ways to meet your needs. Mediators work with you to act in a neutral and even-handed way to assist you in reaching decisions together. Even the most complex cases can be supported by mediation - Mediation in complex children cases.

The mediator can also help you both to design the service you need, they can help you in arranging other professionals to provide any other support or advice that you need, using a team approach. You may need some independent legal advice from time to time to help you consider options further within the mediation setting.

Collaborative family law

Working collaboratively (also called collaborative law) is a way in which you can reach solutions by meeting together, with each of you supported by your own individual solicitor.  Supported discussions with solicitors aim to resolve cases in a more time efficient manner than commencing court proceedings. Collaborative Family Lawyers | Weightmans

You each have immediate, individual, legal advice and support available to you when you discuss matters in a meeting with your ex/former partner, who will have their own lawyer present too.

Like mediation, collaborative meetings can help you to remain in control of the decisions, and again, a team-approach can be adopted to provide any other support or advice you need from

associated professionals including financial advisers/neutrals, family consultants/ coaches, barristers who can provide a neutral evaluation of your situation and arbitrators who can deal with providing a binding outcome if and when you need it.

Early neutral evaluation

Sometimes one or more issues prove difficult to resolve, but all remain committed to finding an outcome together.

Early Neutral Evaluation involves a qualified professional (often a barrister) assessing your situation and providing you with an assessment or evaluation of how a Court might act when looking at your particular circumstances.

Early Neutral Evaluation can be particularly helpful in complex financial matters or where you need to have some kind of indication of what a Court might decide. It can help unblock negotiations. It can deal with single issues or the whole situation and is flexible/tailored to what your family needs.

Litigation

Sometimes court is unavoidable.

Even if litigation is required, your solicitor will advise you and will always help you to search for solutions which reduce conflict and costs.

In some cases, it may be possible to involve mediation services alongside litigation, and other options such as Early Neutral Evaluation, a Private FDR or Arbitration.

Private FDR

 Part of the court process to resolve financial matters (financial remedy proceedings) includes a Financial Dispute Resolution Hearing (or FDR), when a Judge will consider the merits of the case on a ‘without prejudice’ basis, the offers made and will give their view of what the issues are, how they might be addressed, and what might be a fair and reasonable outcome in the circumstances of the case.

A Private FDR service involves your jointly appointing, and funding, a financial remedy specialist lawyer (usually a barrister) to act as the FDR judge to help you reach an outcome settlement in relation to your finances.

A Private FDR allows you both to choose the specialist and the timing of any meeting which may resolve matters for you more quickly and efficiently than solely court-based proceedings.

For more information see: Understanding financial dispute resolution hearings.

Family Law Arbitration

 Family Law Arbitrators provide a legally binding decision when you have not been able to reach an outcome on some or all issues. It can be used to resolve financial or children disputes.

Arbitration involves your jointly appointing, and funding, a specialist family lawyer to act as the arbiter of, and so the judge of, your dispute, usually a barrister or a retired Judge.

Using an arbitrator means that you can bypass delays waiting for Court dates and have control over the choice of professional determining your case.

What next?

As a solutions-led family law team, Weightmans understand the importance of combining efficiency and value for money with a service tailored to the precise needs of each individual client.

We offer a flexible range of options which focus on resolving issues in a dignified and respectful way.