Non-court dispute resolution (where people avoid asking the Judge to make a decision for them regarding arrangements for their finances or children) but rather use alternative methods to agree or decide the outcome of their case) has been available for many years. However, thankfully it’s use is becoming more widespread.
The courts are facing extremely long delays. This negatively impacts those seeking help from the court as they are often waiting many months for court hearings. During this time, arguments can esculate and the information needed becomes out of date and has to be updated. This only serves to add to the pressure faced by the parties and the legal costs they incur. The various processes below are designed to eliviate these pressures.
At Birketts, our experts can wear many hats. We are uniquely placed to both regularly use the various methods of non-court dispute resolution or to offer experienced experts who can run those methods for couples who are seeking a fair resolution. They are explained below.
Key Contacts
Direct agreement
No advice unless obtained separately – the parties reach agreement without any legal advice or opinion.
Lawyer negotation
Advice – the parties lawyers will advise the clients and negotiate with the other party or their lawyers through emails and telephone calls without the parties attending those calls.
Collaborative process
Advice – the parties enter into a collaborative agreement. They are represented by their collaboratively trained lawyers in a series of meetings with the couple and their lawyers with the sole purpose of agreeing areas of dispute.
Mediation – Direct
Advice – the parties attend mediation without their lawyers and receive guidance to assist them with their negotiatons. The mediator does not give legal advice or a legal opinion. The lawyers advise the clients independently of the meetings.
Mediation – Hybrid
Advice – the parties attend mediation with their lawyers and receive guidance to assist them with their negotiatons. The mediator does not give legal advice or a legal opinion. The lawyers can advise the parties within the mediation.
Private FDR
Opinion and advice – the parties receive a neutral non-binding opinion, backed up with advice from their lawyers, to help with negotiations.
Early Neutral Evaluation
Opinion and advice – the parties receive a neutral non-binding opinion, backed up with advice from their lawyers, to help with negotiations.
Arbitration
Decision and advice – binding decision made for the parties who can be represented and advised by lawyers.
At Birketts, our lawyers have detailed experience of using these methods. We also have inhouse private experts who can deliver the arbitration, early neutral evaluation, private FDR or mediation – they have to be impartital. Therefore we can either:-
- Act as an Arbitrator, Early Neutral Evaluator, Private FDR “Judge” or Mediator; or
- represent one of the parties within the process*.
We can combine methods, for example asking a mediator to assist within the collaborative process or arbitration. However, whichever method/s is/are used, if financial issues arising from a divorce or dissolution of a civil partnership are being discussed, without a court order, the parties financial ties will not be severed by the divorce/dissolution. The parties should obtain legal advice as to the need for a Court Order reflecting their agreement and severing their financial ties (known as a “Clean Break”). A financial court order representing a legally reasonable financial settlement can normally be obtained by consent within a divorce or dissolution, regardless of the method used to reach the decision.
* We also offer ‘One Couple, One Lawyer‘ where we offer general advice to both parties within the divorce/dissolution. We carefully screen cases to ensure that the one couple one lawyer approach is right for you and your former partner, at the beginning of the process.