Arbitration is an alternative dispute resolution process, in which the parties agree to submit to the binding decision of an independent third party. Having become mainstream in the commercial world as an alternative to litigation, it is an increasingly popular resource in family law disputes. The Institute... Read more
Alternative dispute resolution
Divorces can be resolved without going to court, and many cases get resolved through one of many methods referred to as Alternative Dispute Resolution or ADR.
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The collaborative, or ‘four-way’ process is a form of alternative dispute resolution particular to family law. It requires both parties to instruct a lawyer who has been trained in the collaborative approach, and parties agree not to use those lawyers if the collaborative process breaks down and court... Read more
Mediation is a type of alternative dispute resolution, in which the parties attend meetings with an independent, impartial and qualified third party. That person is able to guide the process and assist the parties in narrowing the issues in dispute and negotiating toward a solution. It is a comparatively... Read more
There is currently not a ‘no fault’ divorce under the law of England and Wales, though this is set to change on 6th April 2022. Currently, the sole ground upon which a divorce may be granted is that the marriage has broken down irretrievably. However, this can only be established by proving... Read more
Negotiations can take place in advance of, or in parallel to, the court process. Although negotiation between the parties themselves can be a helpful way to narrow issues and to gain insight into one another’s positions, it does pose a number of hazards. For example, one party might agree to something... Read more
A round-table meeting is a meeting specifically for the purpose of settlement discussions. Parties and their legal advisors meet to consider, and attempt to narrow, the issues and to undertake negotiations. These meetings can vary in their formality, but often take a form in which parties and their advisors... Read more
Clean break settlements are used by a divorcing couple wishing to have a fresh start after the divorce is finalised without being financially tied to the other party. It is a type of financial order that the courts can make and once implemented means that there are no financial commitments (other than child... Read more
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