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FAMILY LAW

Choosing the right path through divorce: Family law mediation and non-court dispute resolution (NCDR)

When a relationship breaks down, the prospect of resolving legal matters can feel overwhelming.  Many people assume that court is the only option, but there are effective alternatives that can help you reach agreements in a more constructive and less adversarial way.

What does a Family Law mediator do?

A family law mediator assists parties in resolving the legal issues that arise from separation or divorce without going to court.  A mediator cannot give advice, cannot take sides, and cannot keep secrets.  What a mediator can do is facilitate discussions between you and your former partner to help resolve matters, whether those relate to finances, children, or any other legal issues that stem from your separation.

Importantly, any agreements reached through mediation are not binding.  They are made on a “without prejudice” basis, which gives you the freedom to explore all options and possibilities with your former partner, with the aim of reaching agreements that work for you and your family.

Alternatives to mediation and court

Mediation is not always suitable for everyone, and DMH Stallard offers a range of non-court dispute resolution options.  These include:

  • Solicitor-led negotiations, where your solicitors correspond on your behalf to reach a settlement
  • Collaborative law, which involves both parties and their specially trained collaborative lawyers working together in structured meetings to reach an agreement without court involvement
  • Round Table Meetings involve sitting around a table with your former partner and both solicitors to work towards an agreement together
  • Hiring a Private Judge, where an impartial private judge is engaged to help resolve your family law dispute. This can be at a ‘private financial dispute resolution’ (pFDR) hearing or via ‘early neutral evaluation.’ (ENE)

Resolution away from court allows you to retain autonomy and control over the outcomes and is why NCDR should always pursued as an alternative to going to court.

Get in touch – If you are interested in exploring NCDR for your family law matter, please do not hesitate to contact a member of the family team at DMH Stallard by email or call +44(0)3333 231580

About the authors


about the author img

Samantha Jago

Partner

Advises on family law matters including high value divorce, cohabitation disputes, children matters, pre and post nuptial agreements and domestic violence

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DISCLAIMER:

THIS INFORMATION IS FOR ILLUSTRATIVE PURPOSES AND IS NOT INTENDED TO AMOUNT TO LEGAL ADVICE ON WHICH RELIANCE SHOULD BE PLACED. WE, DMH STALLARD LLP, DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THIS INFORMATION. ANY RELIANCE ON THIS INFORMATION IS SOLELY AT YOUR RISK. The provision of this information does not create a business or professional services relationship. This information is not exhaustive and does not attempt to address every issue relevant to a particular situation. If you require advice on a specific legal issue, please contact a lawyer listed on our website, dmhstallard.com, or send an email to [email protected].