Court is often a last resort for a number of reasons, including cost, potential delay and the emotional impact of litigation. Alternative dispute resolution may be the answer.
Even if you engage in proceedings, a court will expect you to consider alternative dispute resolution in an attempt to settle your case.
Alternative dispute resolution explores the range of other options that are available to reach an agreement.
Direct discussion
The first of these is direct discussion between you and the other party. We can provide advice and support where needed.
Mediation
Mediation is the process by which a couple works together using a trained intermediary (usually a family lawyer) to help them reach an agreement.
The mediator is not there to give legal advice but to facilitate an agreement between the couple. Using a series of meetings in a format that the couple agrees with the mediator when they start the process, mediation can be of real use to couples who want to agree matters directly but need a little help.
Collaborative law
We have a number of trained collaborative lawyers at Knights.
The collaborative process requires each party to have their own lawyer and for that lawyer to be collaboratively trained.
The couple and their representatives take part in a series of four-way meetings focused on trying to reach agreement. Significantly, before the process starts, the couple sign an agreement which provides that if negotiations fail they will appoint new lawyers – a major incentive to reach a settlement to avoid additional cost and delay.
Round table meeting
Another option is for a roundtable meeting with all parties and lawyers, but without the pressure of a collaborative law agreement.