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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.

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 family law disputes.

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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 collaborative process breaks down and court proceedings begin.

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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.

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No fault divorce

There is no immediate ‘no fault’ divorce under the law of England and Wales. The sole ground upon which a divorce may be granted is that the marriage has broken down irretrievably.

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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.

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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.

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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.