Family Law, war, what is it good for?

Family Law, war, what is it good for? Absolutely nothing…

Having made one of the most difficult decisions of your life, it is easy to think you have no alternative but to choose the adversarial option of instructing a Solicitor to “fight” for your rights in order to “win” what you can get from your “opponent” in the breakdown of your marriage or relationship.

But there is another way, a way which is far more dignified, fair and most importantly minimises the emotional distress of all those involved, especially where children are concerned.

Family Law includes: –

Mediation

A voluntary and confidential process in which an impartial Mediator helps parties reach decisions through structured discussion-led communication.

Collaborative Law

A roundtable forum where settlements are reached in a non-confrontational way without Court involvement, based upon agenda-led discussion between parties assisted by collaborative trained Solicitors. Save for financial disclosure, everything discussed and presented in these meetings is privileged and confidential which encourages everyone to speak openly in order to try and find solutions which work for both parties. Should the process breakdown, the parties must seek representation from new Solicitors which often means the parties are more committed to trying to find solutions.

Roundtable

A similar process to collaborative. Discussion is agenda-led, and the parties and their lawyers work through the issues in a non-confrontational style. The Lawyers can also assist with any legal based questions and the process can also involve outside Experts such as Accountants and Financial Advisors who are neutral in the process and are able to provide broad-brush advice and solutions to issues which overlap with their area of expertise.

In these types of alternative dispute resolution, the parties retain control over their decisions (that control is lost once Judges are involved). By being in control, you remove the uncertainty and unpredictability of Court-led outcomes. There is no Court imposed timetables allowing parties the freedom to work their issues out at their own pace whilst also allowing the parties to be creative and think outside the box in coming up with solutions which best fit their circumstances.

Considering these alternative methods of resolution can maintain effective communication between the parties which often produces positive outcomes thereby reducing the risk of entrenched positions and further conflict.

You are not alone; we are a click or call away and are happy to you call you back.

If you have any questions or queries in relation to divorce, finances, children or separation generally, please do not hesitate to contact Matt Clemence on 01473 407181 or email [email protected] who would be more than happy to assist you further or visit www.kerseys.co.uk and click “Call Me Back” and a member of our family team will be happy to contact you.