How to Resolve Your Family Dispute – The Alternatives to Mediation

Posted By: on 20th May 2021 | Category: Blog

In last month’s article I considered the benefits of mediation. Whilst mediation is likely to be the swiftest and most cost effective way forwards in finding a resolution to your family dispute it is not always suitable or appropriate. If for whatever reason mediation is not possible, then there are a number of alternatives including:

  1. Voluntary Disclosure and negotiations;
  2. Collaborative Law;
  3. Arbitration;
  4. Court Application.

Each option has its advantages and disadvantages. All of these options will typically be more time consuming and therefore more expensive than mediation.

The first option is to voluntarily exchange financial disclosure and then (subject to any disclosure questions) to enter into negotiations.

Collaborative Law is an alternative to mediation and you will need to be represented by a collaborative lawyer.

Arbitration is where a privately appointed arbitrator (similar to a Judge) is paid to perform the role of a Judge. This can be a genuine alternative to waiting for a final hearing in the court system (which can often involve long delays of many months) or if there are very specific areas of dispute.

A court application is usually a last resort and ideally should be avoided because of the substantial legal fees that will be incurred. However, in some matters it may be unavoidable and usually when it has become clear that it will not be possible to reach a fair outcome without judicial involvement.

I offer a free initial 30 minute interview with all new clients to consider their options and identify the best way forwards for them and their family.

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