Alternatives to Court

When a relationship breaks down, most people understandably wish to avoid a protracted courtroom battle, which comes with a financial and emotional cost to both parties.

Litigation in family law, like all forms of litigation, is not risk free and the court has a wide discretion. For this reason, we encourage clients to attempt to agree matters with our help, on a consensual basis, through solicitor- led negotiation, finding alternatives to court, where possible. 

Advantages of alternative dispute resolution

For agreement to be reached on financial matters the parties need to be prepared at an early stage to disclose their respective financial positions and to assess what their objectives are to be able to move on from the marriage.

Couples may also be in dispute about arrangements for their children and using alternative dispute resolution methods is an excellent way to narrow the issues making it easier to reach a final agreement at the earliest possible stage.  If negotiation fails, other forms of alternative dispute resolution may assist in settling your case without the need to become involved in court proceedings at all, providing a method which involves jointly agreeing to use a suitable impartial third party who is a highly qualified legal professional to act as a judge, who is able to make a binding final decision.

The other great advantage of using alternative dispute resolution is the ability to have greater control of your costs. Legal fees can mount quickly in a court-based process, but fixed fees are available for the experts involved in alternative dispute resolution and the expense occasioned by court delays are avoided. Privacy is also assured as there is no court involvement and the parties can choose an appropriate alternative location for the sessions to take place that best suits their needs. 

Alternatives to court: a pragmatic approach

Experts in our team will guide you through the alternatives that are best suited to meet your objectives.

If you require further information

Please do not hesitate to contact us if you require further guidance or assistance from our team of specialists contact us or send your enquiry to enquiries@manderslaw.com   

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