Alternative dispute resolution (ADR) offers family clients creative and flexible ways to put an end to their differences, without the added cost, delay and stress of going to court.
We always advise our clients that court proceedingst should be a last resort due to the damage it can cause to personal relationships and the extra time and costs involved.
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Alternative dispute resolution (ADR) has many advantages for those who would prefer to keep their arguments out of court. The flexibility appeals to many individuals who find themselves caught up in a quickly escalating disagreement.
The main focus of ADR is to encourage parties to find mutually beneficial agreements. ADR is well-suited to those who wish to preserve a future relationship with the person they are in dispute with, which makes it particularly appropriate for matters concerning family members.
Some of the alternative dispute resolution methods include:
Arbitration is similar to court proceedings however, it is quicker, cheaper, more private and offers you additional control over the process.
Instead of the decision being made by a judge, it will be made by an ‘arbitrator’ who is a legally qualified and experienced third party, such as a senior barrister who has specialised in family law.
Unlike court, when different judges may be involved if there is more than one hearing, your arbitrator will deal with all steps in your case from start to finish. You can rest assured that they will be very knowledgeable about similar situations and circumstances. You can also decide on which areas of your dispute you would like them to determine.
Once an arbitrator has been appointed, it is common for a preliminary meeting to be held between the parties, your legal representatives and the arbitrator, to examine the dispute and agree on a process and timetable.
Negotiation is the process in which parties and their legal advisors seek to resolve a dispute by reaching an agreement either through written correspondence or a meeting between both sides.
The process can be carried out without help from a solicitor; however, it is unlikely that the outcomes will be as successful. It is always recommended that you seek legal advice from a family law specialist who is trained on how to expertly negotiate to achieve an amicable settlement.
Negotiation tends to be more cost-effective than court proceedings or a protracted dispute.
We have a vast amount of experience in thinking ‘outside of the box’ and in creating amicable agreements between parties in some of the most difficult of circumstances.
This is another form of solicitor assisted negotiation, where you and your partner still each have a separate solicitor but all parties will have face-to-face meetings together to try and resolve the issues.
We understand that communication can sometimes break down between parties due to the emotions involved.
Mediation is a similar process to negotiation. The key difference between the two methods is that mediation is conducted with the assistance of a third-party mediator, whose job is to stay impartial and focus purely on helping the parties collaborate to find an outcome.
There are significant benefits to mediation. For example, like many ADR methods, it avoids the costs and stress of litigation and instead grants parties a private and amicable route to reach a resolution.
It also provides the opportunity for both parties to fully share any viewpoints and concerns in a non-confrontational atmosphere. The mediator will guide you through family law and make sure all possible options are explored. They will ensure you feel comfortable putting forward your ideas and exploring the other person’s view point before you decide on which solution you both feel is the right one for you and your circumstances.
How to get in contact
Our team can help guide you on which method of alternative dispute resolution would be most suitable for your suitation, depending on the aims and objectives you wish to achieve.
We understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free consultation with us here.
We have also created a series of fixed-price consultation meetings with a full no questions asked money-back guarantee promise.
To get in touch with us, please call 01234 343134 or email us at firstname.lastname@example.org and a member of our team will get back to you.
We can help clients face-to face or remotely from our network of offices across the country.
Did you know… mediation allows you and your former partner to explore ideas about what your future may look like after separating and find common ground, without the anxiety of court proceedings, which could potentially save you time, money and of course stress?
We know that for most couples discussing and sorting out their finances can be one of the most challenging elements of a divorce.
We understand that if you are thinking about a divorce or separation, the welfare of your children is likely to be one of your biggest concerns.
We understand that when relationships break down, life can become difficult. We know that thinking about a separation can be very upsetting and disruptive.
We understand that if you are unmarried and your relationship breaks down you may be confused about the best way forward.
If you are experiencing domestic violence or abuse, we understand that you will be upset, and might find it difficult to discuss what is happening to you.
We understand that collaborative law is a fundamentally different approach to dealing with relationship problems and breakdown.
We understand that high-net-worth divorce is a specialist area of family law, every divorce lawyer at Fullers practice areas of family law regardless of their commonality. We try to build a strong client relationship with the goal of gaining the best outcome for all parties involved.