Wealden Times | WT244 | September 2022 | Winter Interiors Supplement inside

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Taking the
fight out
of divorce
Going through a divorce can be
an incredibly diffi cult time but it
can be made easier if you can find
an alternative to family courts
While in some cases there
is no alternative but
to involve the family
courts, it is often not
in anyone’s best interest to do so. There
are many reasons for this. The family
courts are currently experiencing long
delays and the court process is costly,
both emotionally and financially. Also
the parties themselves often have more
control over the outcome if an agreement
can be reached without going to court
– as any order a judge imposes may not
make either party happy. Fortunately,
there are a range of Alternative Dispute
Resolution (ADR) options to consider.
Mediation
Both parties meet with a trained
mediator, some of whom are also
qualified to meet with children as
part of the process. The mediator
assists you by explaining the law and
the boundaries of it, and helps you
to reach an agreement. Even if you
don’t feel able to sit in the same room
the mediator can perform shuttle
mediation, going between two rooms.
Collaborative law
All discussions take place sitting
round the table with each party having
their own collaborative lawyer at the
meetings. The lawyers unusually work
together to try and help you come
up with a solution. The collaborative
process allows you to be a little more
innovative than the family courts
can be. Any agreement reached can
be drawn up as a document to be
approved and sealed by the court.
Private Financial Dispute
Resolution (PFDR)
This allows you to speed up the process
for agreeing financial arrangements.
Both parties need to agree to take this
route and there is an extra cost involved
in paying privately for a judge, but
usually it would save money overall. The
Judge gives an indication as to what they
would order at a final hearing. For many
people that is enough for them to be able
to then go on to reach an agreement.
Arbitration
This enables parties to take control and
is much quicker than going to court,
but does require agreement from all
involved. The arbitrator hears evidence/
representations from both sides and
will then arbitrate the decision. Again,
whilst there is an additional cost, it
may not in fact cost any more money
than a hearing, and you are likely to
reach a conclusion much more quickly.
We find that the above options can
work extremely well in even the
most complex and contentious of
cases, although there are a minority
of cases where court proceedings
are the best or only alternative.
Please get in touch at
info@ts-p.co.uk if you
would like to discuss
any of these issues.