Alternative dispute resolution

What is it?

Alternative Dispute Resolution (ADR) is the use of various methods to solve marital disputes, without going through the court process. They can be very effective for certain couples and can save legal costs and avoid acrimony. The following are the most common types of ADR and we advise you to consider these options wherever possible. However, you can only get a divorce by going through the court process.

Mediation

The role of a mediator is to encourage discussion between both parties and to help them to reach their own solution to the problem, rather than to impose a binding decision on them in the way that a court would. The parties are more likely to be satisfied with an outcome they have achieved themselves. Both parties are involved in the appointment of the mediator, who will often (but not always) be a lawyer, and will jointly pay his/her fees. Mediation can be suitable for issues concerning children and/or finances.

Conciliation

The court will almost invariably arrange an initial Conciliation Appointment whenever an application involving children is issued. A Conciliation Appointment is an informal hearing which takes place at court, conducted by a District Judge with the assistance of a CAFCASS Officer (a type of court appointed social worker). Both parties will need to attend the hearing, with or without lawyers. The district Judge and CAFCASS officer will explore the issues and try to help both parties to reach a mutually agreeable solution. If this is achieved, the District Judge will make an order confirming the terms of settlement, and the court case will be stopped. If agreement is not reached, the District Judge will make arrangements for the dispute to be dealt with at a further contested court hearing.

Collaborative Law

Both parties appoint their own collaborative lawyers, and “round table” meetings take place to try and reach agreement. If this process is successful, a court order is usually obtained to confirm the terms of settlement. If an agreement cannot be achieved and court proceedings need to be issued, then the lawyers on both sides can no longer represent either party, and new solicitors have to be engaged. Therefore, everyone involved, including the lawyers, has an incentive to achieve a successful outcome. Josiah-lake gardiner LLP offer a collaborative law service - please contact them if you wish to explore this option further.

Arbitration

An arbitrator effectively acts as a judge outside the court system. The arbitrator will hear each party’s arguments, consider the evidence and then impose a decision on the parties which they may or may not like. Arbitration is likely to be cheaper and more flexible than going to court, as the arbitrator can control the arbitration process to suit the particular dispute. However this option is used rarely in family law cases. Both parties are involved in the appointment of the arbitrator, who will often (but not always) be a lawyer, and are responsible for his fees.

Back to top

Free legal information