Search the Modern Family Law Company website

Dispute Resolution

One of the defining principles of The Modern Family Law Company is our commitment to resolution rather than litigation as a method of resolving family disputes. Nobody benefits from acrimonious court proceedings, least of all the children that are the subject of them. With the Family Courts directing more and more cases to dispute resolution options, going to court is ever more the final option.

What Dispute Resolution services does The Modern Family Law Company offer?

Dispute Resolution services are specialist services that we offer to our clients.  These methods of finding agreement in the face of a family dispute are generally an alternative, but in some instances additional to, court proceedings.    

The Modern Family Law Company are hugely experienced in this field and are able to assist clients to make a selection of what method would best suit their personal circumstances. 

 

Mediation

This is often the first step that should be taken between families involved in a dispute over children.  Specialist qualified family mediators work with families to try to find a way through the quagmire to achieve an outcome that all parties are content with.

Mediation sessions involve the adult parties and the mediator. However, sometimes it is agreed that the case is suitable for “hybrid mediation” involving the parties, their lawyers may also be in the session with the mediator. The advantages of mediation are that it reduces conflict, avoids lengthy court proceedings and is considerably cheaper than a contested court case.  

 

Early Neutral Evaluation

Early Neutral Evaluation takes place outside of the court process. An experienced evaluator will consider both sides of the case and give an opinion as to the likely outcome were the matter to proceed to a full court hearing.

Early Neutral Evaluation is conducted either in the absence of the parties on the basis of the written evidence and arguments or in the presence of the parties and their lawyers.

At the end of that process, a written opinion will be produced by the evaluator. However this is not binding on the parties and does not determine the outcome of any court proceedings. The advantages of Early Neutral Evaluation are that it potentially avoids costly and acrimonious litigation and is considerably cheaper than a contested hearing. 

 

Arbitration

Family arbitration is a private alternative to a contested court hearing. The arbitration is conducted by a trained and accredited children arbitrator who is a solicitor or a barrister. 

An arbitrator can decide interim issues (e.g. how much time a child should spend with each parent until the court makes a final decision about where that child should live) and make final determinations (e.g. where a child should live throughout the remainder of their childhood).

Where a contested hearing is inevitable (because agreement has proved impossible) the big benefits of arbitration are that you are able to choose your arbitrator, choose the venue and choose the date of the arbitration. The arbitration is completely confidential and is not open to the public.  The arbitrator charges a fee, so you are effectively having to pay for the Judge. However, the family court currently has a huge backlog of work and there is considerable delay in matters being listed for hearing. If you decide on arbitration your case comes out of the court system and proceeds quickly and effectively. The arbitrator’s decision is binding and once that decision has been made the case passes back to the court for a formal order to be drawn up and sealed.  This is a hugely attractive option for most of our client, as it provides an enforceable outcome in a timely fashion for an agreed price.  

To speak to a member of our specialist team about any of the options discussed above, please contact us here. 

 

Please Get in Touch via our contact page and we'll be delighted to provide further information.

Website designed by Bill Craddock Graphic Design
Built and hosted by Spectrum Web Products