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Alternative dispute resolution

It is not always necessary to go through the courts (this process is known as litigation) in order to obtain a divorce. Depending on your particular circumstances, it can be possible to use alternative dispute resolution (ADR) as opposed to litigation for the whole process. Many cases get resolved through one the various ADR methods, including arbitration, collaboration or mediation to offer a less confrontational approach to a divorce.

Arbitration in divorce cases


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...

Collaborative divorce


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...

Mediation


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...

Solicitor-led negotiation


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...

Round-table meetings


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...

Clean Break Settlement


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...

What is Arbitration?


What is arbitration?  Arbitration is a form of alternative dispute resolution, which can essentially be understood as a private alternative to litigation. It is based on all parties agreeing to arbitration with the resulting decision being...

The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.

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