Separating couples are often concerned that they are in for a lengthy and expensive court battle to resolve financial matters and arrangements for their children. But this does not always have to be the case.
Alternative dispute resolution (ADR), also known as Non-Court Dispute Resolution (NCDR) can be an efficient option to resolve a dispute that has arisen following the breakdown of a relationship. By avoiding court proceedings, it is a cost effective and time efficient process that offers a platform for separating couples to work together to come to a solution.
So what are the different types of NCDR in family law?
There are three routes that couples can, or indeed should, consider.
Mediation is one of the commonly recognised and used forms of NCDR. It is a confidential process which involves an independent third party (the mediator) who assists the individuals to reach an amicable resolution. Unlike a Judge, the mediator will not decide the outcome. They will listen to both individuals’ perspectives and identify key issues to be considered. If an agreement is reached and mediation is successfully concluded, you will need to ask a solicitor to draft an Order reflecting the terms that have been agreed. This Order will make the agreement legally binding so that there is future certainty for both individuals. Mediation can be used to resolve both financial and children disputes.
Arbitration is more definitive in terms of outcome. And most importantly it provides a solution to avoiding the lengthy process associated with ending up in court. In family law Arbitration the separating couple enter into an agreement under which they appoint a suitably qualified person (an arbitrator) to adjudicate their dispute and make a binding judgment. In allowing the parties to select their own arbitrator, they are able to dictate the costs associated with the process. Importantly, arbitration allows disputes to be resolved far quicker than they could be in the court process where delays between hearings are now very significant. This is because arbitrators are more readily available and so the process can take place sooner, this also makes the process much more cost-effective than the court process. Individuals may wish to seek advice from a solicitor in order to prepare their case for arbitration.
The last form of NCDR is the Collaborative approach. Again, the process is voluntary and involves separating couples and their solicitors attempting to resolve their dispute at meetings attended by all. It offers a platform for couples navigating matters that have arisen from relationship breakdown to reach a resolution in the presence of specialist advice. It also avoids the need to resort to lengthy and often expensive court proceedings and avoids lengthily, combative correspondence back and forth. There is no court-imposed timetable and so the process can be tailored to the individuals’ specific needs.
NCDR can be a useful tool in the right circumstances. But there are some situations where certain NCDR options such as mediation or collaborative approaches might not be suitable, for example in cases concerning domestic abuse or in situations where one of the partners is trying to hide assets to secure a favourable financial outcome. Other informal options are available, including negotiations via solicitors. At Rayden Solicitors we are committed to offering to our clients all alternatives to going to court. Our solicitors are often instructed to assist in conjunction with NCDR options and within our team of solicitors we have qualified mediators, arbitrators and collaborative lawyers. Please contact us to discuss your situation in confidence.