Litigation is not always the answer and can increase legal costs unnecessarily. There are other effective means of alternative dispute resolution (known as ADR). Alternatives such as mediation, arbitration and out of Court settlements can offer a private, less confrontational, quicker, and often more cost-effective option to reach a resolution.
Mediation is a way of resolving issues directly with the help of a mediator. This can reduce conflict and avoid the time and costs associated with Court proceedings.
Mediation is a voluntary and confidential process, which provides an open forum to discuss options either face to face or remotely with the benefit of an experienced and impartial mediator. It enables parties to discuss matters freely without being legally bound to any proposals, unless you choose otherwise which is usually after consultation with your lawyer. This freedom makes it easier for couples to find a solution themselves, rather than having this imposed upon them by a Court.
As mediation encourages parties to work together to find solutions it enables parties to communicate constructively now and, in the future, which is often important, particularly for couples who have children.
There are various ways of resolving disputes without the stress of Court proceedings, for example early neutral evaluations and private FDRs.
An early neutral evaluation is non-binding form of alternative dispute resolution designed to serve as a basis for further and fuller negotiations or, at the very least, to help parties avoid further unnecessary stages in litigation.
A private FDR (Financial Dispute Resolution) is a voluntary hearing, as opposed to a compulsory one in the Court process. These can be conducted either alongside Court proceedings or as an alternative to litigation. The parties are there by agreement and are usually more invested in coming to an agreement if possible. Parties have legal representation during these hearings and if an agreement is reached following an indication by a private FDR Judge this can be made legally binding.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to a qualified Arbitrator who will make a binding decision on the dispute. By choosing Arbitration, parties opt for a private dispute resolution instead of going to Court. This can be used for various types of disputes including financial settlements, children, and property disputes.
We believe it’s important to adopt a holistic approach to try and minimise the stress, uncertainty and avoid delay. We offer expert guidance on tailored to your circumstances to achieve the desired outcome and to enable you to choose the right path for you to reach a resolution.