We recognise that people may be concerned that involving lawyers will inexorably lead to expensive, contested court proceedings, but we can reassure you that in the majority of cases, this is not so. Although there will always be some cases in which court proceedings are necessary, often other methods of resolution are more effective and less expensive, time-consuming and stressful.
We will always consider whether it is possible to resolve matters through negotiation or other alternative methods of resolution such as collaborative law or mediation, before resorting to court proceedings. However, when appropriate, we will not hesitate to take a robust approach in order to protect our clients.
Collaborative Law
In the collaborative law process, each person is supported by their own collaboratively trained lawyer and we commit to resolving matters without going to court, instead, discussing all matters in a series of meetings, with the aim of resolving all issues, including financial settlements and arrangements for children (and dogs!) by agreement. This approach enables parties to discuss matters in person, rather than communicating through letters or emails and allows them to ensure that their particular priorities are fully taken into account. We ensure that we protect already fragile relationships from further damage and always keep the needs and interests of any children at the centre of our discussions .
Melanie den Brinker was one of the earliest collaborative lawyers to train in England and was a founding member of the local collaborative law group. She is one of the most active collaborative lawyers in the area and has extensive experience of conducting collaborative cases with other local collaborative lawyers.
Arbitration/Private Hearings
A family arbitrator is essentially a private judge and is appointed by a couple to reach a binding decision on financial and property issues arising from the breakdown of a relationship or on arrangements for children. The same arbitrator can deal with all stages of a case from start to finish and you and your partner can decide how the proceedings should be run, for example deciding on how to deal with financial disclosure and on where and when any hearings should take place. Arbitration allows a couple to resolve financial disputes in a quick, more flexible and less formal setting than a courtroom, however unlike in court applications, the arbitrator’s fees must be met by the parties.
Mediation
A trained mediator can help a separating couple to identify and resolve any issues, whilst remaining impartial. We have close links with local mediators, some of whom have a legal background and some a counselling/therapeutic background and we can advise on the mediator best suited to assist you.
See our dedicated Mediation page for more information
Related Articles
Non-Court Dispute Resolution
Costs in family proceedings
