Alternative & non-court dispute resolution

In addition to traditional court proceedings, there are alternative options for those working towards a financial settlement arising out of the divorce.  

Most couples would prefer to agree to a settlement without going through the courts to reduce costs and to try and reduce animosity. It is a popular misconception that solicitors wish to exacerbate such animosity for their own gain. In reality, the legal framework and legal professionals allow for and actively encourage non-court forms of dispute resolution. In short, reaching agreement away from the court is preferable and in fact, more usual. 

Alternative Dispute Resolution (ADR) encompasses a variety of options designed to resolve disputes – such as child arrangements or the division of assets upon separation – outside of the formal court system. Methods include mediation, arbitration, collaborative divorces, solicitor-led negotiations and round-table meetings. 

These vary in their degree of solicitor involvement, can allow a couple to divorce and resolve any issues without the need for court intervention. Ultimately, what is best will depend on one’s individual circumstances. 

If you’re considering or going through a divorce and would like to explore alternative dispute resolution methods, we can help. Click below for a free initial consultation with one of our expert divorce solicitors. 

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From April 2024, new rules have come into effect that endeavour to encourage parties to make use of non-court-based dispute resolution to bring about an early resolution to family law matters that would otherwise go to court. 

There are many benefits to pursuing ADR over court proceedings. For example: 

• Speed and Cost: In most cases, choosing ADR can provide a quicker response in accessing the support and advice needed, allowing you to move your life forward faster. Additionally, while paying privately for ADR will be subject to charges, it is likely to be significantly less overall than if the case was to go through the court system. 

• Reducing Acrimony and Stress: Generally, ADR can limit the hostility between the parties as both spouses are dedicated to finding a resolution by working together. Moreover, ADR can take place in a far more informal setting than court procedures, reducing stress and allow you and your spouse to move at your own pace – which can help to keep the process more amicable. I would also make clear how the process can be tailored to the parties’ needs as opposed to court proceedings where they are far more prescriptive and rigid. 

• Choice and Control: In ADR, you will have more control over the decisions that are made as you will be part of every discussion, having input along the way instead of leaving the decision in the hands of the judge. Moreover, you will have the choice to choose the right method for you and choosing who represents you. 

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