Alternatives to Court
Every family is different and at Myerson, we understand that what suits one family may not suit another.
There are a range of options available to separating couples, including alternatives to court where they are appropriate, which can help you to reach agreement in a constructive manner and without the need for court.
The family team at Myerson can explain all the options so that you can decide which process or combination of processes would be most suitable for you.
Mediation
A mediator will assist you in working out the best options for sorting out finances or arrangements for the children. A mediator will meet with you and identify the issues that you cannot agree and try and help you to reach an agreement. The mediator will remain neutral and you may need to consult a solicitor to advise you on the best outcome for you. Mediation can take place virtually or face to face and most mediators will offer a fixed fee for each session of mediation.
Mediation would not be suitable if there are issues of domestic abuse, if a child is at risk or harm or if an urgent court application is required to protect your position.
You can find an accredited mediator local to you here.
Collaborative Law
Each party will appoint a collaboratively trained solicitor to attend four-way collaborative meetings to try and negotiate an agreement.
You will have the opportunity to work with an independent financial advisor, accountant or child specialist who will provide you with specialist help.
The process encourages co-operation and communication between the parties and once a settlement is reached the solicitors can draft the order to be submitted to the court for approval.
You can find a collaborative lawyer here.
Arbitration
In family arbitration, an arbitrator is appointed by the parties who will make a final and binding decision in respect of any financial or children matters. It enables disputes to be resolved more quickly than going through the court process and the arbitration can take place in a less formal setting than a courtroom.
The parties hire an experienced family judge to hear their case and deliver a decision which will be incorporated into a court order. Unless the arbitrator has made an error in law, the parties are bound to submit a draft consent order to the court so that the arbitrator’s decision is embodied into a legally binding court order.
You can find out more information about arbitration and a list of arbitrators here.
At Myerson, our commitment to the Resolution Code of Practice means we believe the process of separating, sorting out finances and the arrangements for children can be done in a way that minimises conflict and promotes amicable agreements.
Why Choose A Resolution Member
The family team at Myerson are all members of Resolution, an organisation of family law professionals across England and Wales committed to working in a non-confrontational way and putting the needs of any children first.
Resolution has members who are lawyers, barristers, financial advisers, and family therapists. All members sign up to a Code of Practice which means that we will:
- Reduce or manage any conflict and confrontation
- Support families to put the best interests of any children first
- Act with honesty, integrity, and objectivity
- Help clients understand and manage the long term financial and emotional consequences of decisions
- Listen to and treat everyone with respect and without judgement
Members of our family team at Myerson have Resolution accredited status which means that they are recognised experts in a particular field of family law.
Nichola Bright has achieved specialist status in respect of finances and children matters and Sarah Whitelegge has achieved specialist status in respect of children matters and domestic violence.
We work with financial advisers and mediators who are members of Resolution. This means that they also respect the Code of Practice when working to resolve your issues.
How We Can Help
There are over 90,000 divorces each year according to the Office of National Statistics.
We understand that dealing with a divorce or separation is a very stressful time. Emotions can run high and the changes can be overwhelming.
The focus of Resolution’s good divorce week is to show separating couples how to manage a split in a non-confrontational and constructive manner putting the best interests of any children first.
Each day this week we will be sharing information about the process of divorce, the alternatives to court and how you can sort out the arrangements for the children, money, and the family home.
If you need to get in touch with us, then feel free to call us on 0161 941 4000 or get in touch via email.