Many separations can be acrimonious, leading to one or both parties feeling as though litigation is the only way to achieve a fair financial settlement.

This is not always the case and parties are encouraged to only use litigation as a last resort. In April 2014 the government introduced legislation which made it compulsory for every party seeking financial relief from the court to attend a Mediation Information Assessment Meeting (MIAM) unless one of the specified exemptions applied.

Here are some alternatives to dispute resolution (ADR) which may help you resolve matters more quickly and cheaply than issuing court proceedings.

Direct Negotiations

Even if you can agree how you wish to resolve the financial issues, we suggest that you both seek independent legal advice with the view to exchanging financial disclosure, to be re-assured the settlement you have agreed is in your best interests. Your lawyer can then either prepare a Deed of Separation (not legally binding) or a Consent Order to be filed with the court for approval to become legally binding.

Solicitor negotiations and Round Table meetings

If you do not feel confident agreeing a settlement directly you can instruct a lawyer to negotiate a settlement on your behalf. Sometimes a meeting is held with both parties and both lawyers. We would always require full financial disclosure before assisting you with negotiations as we need to know what assets are available for distribution. If an agreement is reached we can prepare the necessary deed or order for you.

Mediation

Although the requirement to attend a MIAM before issuing a court application is now compulsory in most circumstances, participation in mediation is not. However if you both agree an independent third party can assist you in reaching a financial settlement. The mediator cannot give you legal advice and therefore you may still wish to retain a lawyer to obtain this. But any agreement which is reached will be recorded in a Memorandum of Understanding and can then be used by your lawyer to prepare the relevant deed or order.

Collaborative Law

Both parties would instruct a lawyer who has been trained in the collaborative process, and they work together to try and achieve a resolution which works in both of your best interests. If an agreement cannot be reached the Collaborative lawyers can no longer represent either party and new lawyers would have to be appointed in any future negotiations or court proceedings.

Family Arbitration

This involves both of you paying an arbitrator to make decisions about your finances. The advantage is that you are paying for someone to judge your case, without having to go through the Court process. This can mean that your case is resolved more quickly and cheaply than litigating through the courts. Both of you have to sign an agreement to say that you will be bound by the arbitrator’s decision, whether that is for or against you, and Courts do uphold arbitrators’ decisions. Your lawyer would represent you in the Arbitration process in the same that they would in a Court process.

At Ridley & Hall our lawyers work hard with you to try and achieve the quickest, cheapest and best solution for you. We have collaboratively trained lawyers and family mediators who can assist you in this process.

If you would like any further information on any of the processes mentioned please contact a member of our family team on 0800 8 60 62 65.

Loreena Walker – Legal Executive, Family & Matrimonial