– by Fiona Connah, Solicitor and Collaborative Lawyer
When deciding how to settle a family dispute you stand at a fork in the road; splitting it in two directions: the traditional courtroom or the alternative path of dispute resolution.
It can be very tempting to want your day in court, but the reality of family court is often a shock to those involved. It is frequently exhausting, expensive, and potentially damaging to future co-parenting relationships.
In court proceedings, a judge who does not know your family personally will make a life altering decision based on rigid legal frameworks.
There are however many different types of family dispute resolution process; including mediation, collaborative law, resolution together, and arbitration. Often these offer a quicker, more private, cost effective, and compassionate way forward. Each process suits a different type of situation or person.
Kay & Pascoe LLP specialise in many forms of dispute resolution, and all our lawyers are happy to discuss any process you are interested in during a fixed fee appointment.
Mediation allows you to choose the mediator, the venue, and the topics for discussion. It allows the process to remain private and to be dealt with at your own pace. It also allows you to find solutions that are more unusual and are best suited to your family situation.
Resolution together allows for one couple to see one solicitor, and seek legal advice together provided there are no conflicts of interest.
During Arbitration, an arbitrator will impose an award (a bit like a court order). However, unlike court proceedings you can choose your arbitrator, the venue and frequently you can reduce or alter the process to suit your case.
The court system in England and Wales has been underfunded for many years leading to delays and Judges who have inadequate time to read your case papers.
Choosing dispute resolution is not a soft alternative; in fact quite often it is very challenging. These options do, however, allow parents to put their children first, for each person to have some control over the process and to try to work together as far as they are able to.
You can find out much more on our website at kayandpascoe.co.uk or call 01892 664348.
All the Lawyers at Kay & Pascoe LLP based in Crowborough and Heathfield would be happy to help you chose the process that is right for you.
