Resolution Options

During a relationship breakdown, trying to decide on the best option for your family and your circumstances can be overwhelming and intimidating. However, it does not need to be. Below are some of the options that are available, which include Court Proceeding, Mediation and Arbitration.

Learn more about each option below, including its potential benefits and guidance on the circumstances in which it can be used.

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Court Proceedings

  • -          When disputes arise within families and cannot be resolved through direct communication or mediation, the default option is often to pursue resolution through the court system. Courts typically handle matters such as divorce, child custody and other family-related issues. During court, your case will be presented before a judge who will make a binding decision based on the evidence and arguments.

    • There will be a clear resolution to disputes that are legally binding and enforceable

    • Once a judgement is made, it is definitive and brings closure to any contentious issues

    • The court system ensures that the legal rights of all parties are protected, particularly in cases involving power imbalances or domestic abuse

    • Typically used when mediation or other alternative dispute resolution methods have failed

    • When one part is unwilling to participate in mediation or cooperate in reaching a settlement

    • To create a binding and enforceable decision to ensure both parties comply with the resolution of the dispute

    • Child protection issues

    • Injunctions

    • Matters involving a person’s liberty

    • Cases involving domestic abuse

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  • Family arbitration is a form of private dispute resolution that couples use to resolve disputes regarding their financial matters or matters relating to children.

    Family arbitration is very similar to the court process. The parties will receive a determination after the arbitrator has considered all the evidence and often heard direct evidence from them.

    The difference between arbitration and mediation is that, similar to the court process, the determination at the end of the arbitration is binding on the parties.

  • There are many benefits to family arbitration as opposed to the Court process in particular:

    • the speed at which matters can be resolved

    • the process is voluntary; both parties must agree to be bound by the determination

    • the parties choose the arbitrator

    • they have control over the process and what is to be dealt with by the arbitrator.

    • It can be used in combination with mediation and court proceedings

    The process is confidential, tailored to the parties, and can be conducted in person, remotely, or a combination.

  • The Children Arbitration Scheme can be used in the following areas:

    • Where and with whom the children shall live

    • Time spent with either parent

    • Holiday arrangements and travel abroad to Hague Convention Countries

    • Arrangements concerning the children’s upbringing

    • Relocation of children within England and Wales

    • International relocation on a temporary and permanent basis to Hague Convention Countries

    The scheme cannot be used in cases of child protection issues, individual liberty, bankruptcy, or insolvency.

Arbitration

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Mediation

  • Many people ask what mediation is and if it works.

    Mediation is a form of alternative dispute resolution (ADR). It involves finding a solution to disputes between parties with the assistance of a mediator. A mediator is a neutral third party who assists and guides the parties.

    The process is confidential and is about parties finding solutions together.

  • It allows parties to have complete control over the process and outcome.

    The process is voluntary and provides a neutral space for parties to express their views. Any decision in mediation is not binding; however, the agreement can become binding.

    In respect of whether it works, the answer is yes. It does work, and parties who have been able to reach agreements have much better outcomes in terms of their well-being and their children’s well-being.

    • Mediation can be used in a wide variety of family-related situations where parties seek to resolve disputes in a non-adversarial manner

    • Divorce and separation, co-parenting after divorce, post-marital agreements, family disputes, child support, financial agreements and much more…

Choosing the Best Option for Your Family

When conflicts arise, finding a path to a resolution can be extremely challenging. Mediation and arbitration offer a unique stance to resolving disputes by focusing on communication and mutual respect. Both parties are allowed to voice their concerns and share their own feelings and perspectives to be able to work together to find a fair and maintainable solution.

  • Mediation encourages positive communication and unlike going to court, decisions are mutually agreed rather than having decision imposed by a third party.

  • Both parties need to go into mediation with the willingness to compromise. Mediation may not be suitable for every situation. If there is significant power imbalance or history of abuse, court intervention may be necessary.

  • Arbitration adds a further dimension whereby the decision is binding upon the parties.

Questions to ask

  1. What are your primary goals for resolving this conflict?

  2. Are you willing to compromise to reach a mutually agreeable solution?

  3. What is the impact of this dispute on your children, and how can you best protect their well-being?

  4. Is there a history of power imbalances or abuse in your relationship?

  5. How have you handled disagreements in the past and have they worked?

  6. How much control do you want over the outcome of your dispute?

  7. Are you both in a place where you can focus on the future rather than dwelling on past conflicts?

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Recent developments in family law

Introduction

Family proceedings are governed by the Family Procedure Rules (FPR).

The FPR is divided into various parts, dealing with different aspect of family law.

These include:

  • Children Matters

  • Financial Remedies

  • Domestic Abuse

  • International issues

The rules are designed to be flexible, allowing for the unique circumstances of each case.

The FPR is underpinned by various overarching objectives, which include:

  • Ensuring that cases are dealt with justly and at a proportionate cost

  • Saving expense and ensuring that cases are dealt with expeditiously and fairly

  • Dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues.

  • Ensuring that parties are on an equal footing

  • Enforcing compliance with rules, practice directions and orders

  • Promoting welfare of children involved in family law disputes.

As Non Court Dispute Resolution (NCDR) is now a key aspect of the FPR by encouraging parties to consider NCDR methods, the onus is on practitioners to encourage and educate clients on NCDR, this is in line with the overarching objectives of the FPR which aim to deal with cases in a way that is proportionate to their nature, importance and complexity.

The use of NCDR methods aligns with the FPR’s emphasis on the welfare of children. These methods often result in less acrimonious disputes, which can be beneficial for children involved.

The FPR has recently been adapted and changed to put more emphasis on mediation, arbitration and other forms of non - court dispute resolution (NCDR).

NCDR aligns with the overarching objections of the FPR by providing a more private and controlled outcome.

The FPR have for a long time encourage mediation as a path to avoiding Court proceedings and couple were obligated to at least attend a Mediation Information and Assessment Meeting (also known as a MIAM) unless one of the exceptions applied.

There have been discussions about making mediation a mandatory step before the Courts become involved, however the rules have not yet been changed to make mediation.

The rules however have made it clear that NCDR must be considered not only before Court proceedings but throughout the duration of the case.

Family lawyers, legal advisors and Judge are all expected to promote NCDR and in the case of family lawyers they are expected to promote and educate their clients on the NCDR alternatives.

The Court will expect parties at each stage of the proceedings to justify why NCDR is not appropriate.

Services and Fees

Presently, Love Well Leave Well offers arbitration regarding children matters and financial remedies, as well as all issues mediation.

  • Online (up to 60 minutes per person)

    £125 per person

  • 1.5 hours

    £150 per person

  • Cost will depend on the dispute and whether it is necessary for there to be expert evidence, amount of papers to be considered and whether parties are giving evidence.

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TESTIMONIAL FROM A SOLICITOR CLIENT

“Kristina is a very talented barrister and is very approachable and helpful. She has great client care skills and is well liked and respected by all the clients on the cases she has been instructed on. She is well respected by her opponents also. She has a wealth of experience and an in-depth knowledge of the law. She is one of my ‘go to’ barristers who I try to get on complex cases and if I need some legal advice on a difficult case. She is passionate about the cases she is instructed on and is a solid pair of hands, which is essential in the difficult area of child protection work. I have been informed that her advocacy skills are of a high standard and the Judges respond well to her approach in the court room and her submissions are persuasive. I would highly recommend her to colleagues and have done on many occasions. ”