The Mediator - Susan Kaye
The Mediator - Susan Kaye
What are the other options to dispute resolution? If you feel that family mediation is not desirable you can explore other options which Susan will be able to discuss with you. Here below are some of the options and a brief description of each:
DIY Former partners reach an agreement privately without the help of a lawyer but then instruct a lawyer to put the Agreement into effect. This will require a Consent Order so that the Agreement can be incorporated into a legally binding document and filed with the court for approval. There is no need to attend court.
Arbitration When former partners have not been successful in resolving an issue, they can agree to appoint a neutral third party ‘arbitrator’ to settle the issue for them. The arbitrator is empowered by them or by law to function in a quasi-judicial capacity. The arbitrator will inform the parties of the procedures and seek to decide the issue fairly and without unnecessary delay or expense. Only that issue will be addressed and decided upon by the arbitrator. In non-binding arbitration parties may choose to be bound or not by the decision of the arbitrator. In binding arbitration, decisions or recommendations of the arbitrator are final and recorded in a court order.
Collaborative Practice Is an approach in which you and your partner and lawyers for both of you, commit to resolving the matters between yourselves without involving the court (other than to deal with the legal formalities and to approve the financial settlement you reach). All are committed to an ‘interest based approach’ and an outcome that is acceptable to both parties.
Where the collaborative practice process fails to produce agreements by consent, the particular lawyers are then disqualified from representing their clients in court. Collaborative consultants or ‘coaches’ who are often therapeutic professionals also support the clients through this process. This may assist clients who would be unable or unwilling to mediate without the presence and support of their solicitors.
Going to Court (litigation) Sometimes couples find it is not possible to agree issues through any of the above options, be it about the home, property, finances or the children and it will be necessary to ask a Judge to make / impose decisions for you. It is important to bear in mind that court proceedings are time consuming and expensive. They can promote conflict and acrimony so the courts should always be considered as the very last resort. Your solicitor will advise you of the process involved but below are some situations where court proceedings may be considered necessary:
In principle the process runs as follows: Instruct a lawyer > take advice > exchange financial information (form E) > attempt to negotiate settlement, or your lawyer may move to the next step straight away > attend a MIAM (mediation information assessment meeting) > file a court application and receive a timetable, whilst continuing to negotiate > formal disclosure of information between lawyers (12-16 weeks) > first court appointment > Financial Dispute Resolution, court encourages negotiations to resolve financial issues > final hearing - you and your ex attend and give evidence > Judge makes final decision for you which is recorded in a court order.
An Agreement can be reached at any point in the process before the final hearing. A consent order will be made incorporating the Agreement into a legally binding document and filed with the court for approval.