If a separation or divorce is inevitable, keeping the process non-confrontational is likely to ease the transition and lead to longer lasting solutions. In fact, very few couples need to involve the court and there are other options such as Mediation, Collaborative law and Family Arbitration that may make the process of separation or divorce less difficult.
Mediation is not a form of relationship counseling
or intended to help a couple get back together but rather a way to help couples
who are separating decide how to end their relationship without increasing
levels of hostility. In the mediation process, you and your partner along with
a trained and neutral mediator will discuss important matters in relation to
money, children and other consequences of the separation. The goal is to reach
a fair solution tailored to your own circumstances.
Collaborative Law lets you talk through the issues
you need to solve your partner, each having a specially trained lawyer by your
side. It is an attempt to try and resolve issues without going to court in
which everyone signs an agreement to underline their commitment to this cause.
Your collaborative lawyer will not be able to represent you in court, should
negotiations break down. This assures that all parties involved will try their
best to reach a solution out of court.
Family Arbitration is a new method of alternative
dispute resolution. Arbitration is a means by which you and your spouse can
resolve your finances and property issues without the expense of court proceedings.
Both you and your partner must agree to use arbitration but once an arbitrator
has been appointed, you will not be able to back out without your partner’s
agreement. The arbitrator will give a binding ruling, known as an “award” after
reviewing all the evidence and facts and taking into account your views on what
you think should happen.
Our lawyers at Expatriate Law (www.expatriatelaw.com) would be happy
to discuss and assist with any of the above methods of alternative dispute
resolution. Our lawyers are committed to assisting you resolve your family law
matters without delay, hostility or unnecessary cost.
This article has been prepared in support of Family
Dispute Resolution Week. Please refer to www.resolution.org.uk
for further details or contact our Resolution Accredited solicitor at
Alexandra@expatriatelaw.com.
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