Wealden Times | WT263 | April 2024 | Garden Supplement inside

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Taking the
fight out
of divorce
Going through a divorce can be an incredibly difficult time.
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 and that we can
assist with.
One Couple One Lawyer
One of the newest ADR options.
Both parties appoint the same solicitor
to help them come to an agreement.
The lawyer is able to give general
advice and guide the parties to reach
an agreement. The discussions take
place together as does the divorce
process and the process of reaching a
final agreement.
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. Please get in touch at
info@ts-p.co.uk if you would like
to discuss any of these issues.