Alternative Options to Court in Family Matters

Here at Emery Johnson Astills we understand that going through a divorce or separation can be an emotional and difficult time. It is generally better for everybody involved if arrangements between you can be agreed, this is in relation to both finances and children. There are a range of options which can avoid court.

Mediation

Mediation is where a qualified mediator will try and find a solution to meet your needs and the needs of any children that is both fair and reasonable for everybody involved.

In recent times the Courts have attached a great weight to mediation. Indeed, before making an application to the Court you are required to show that mediation has been considered. There are some limited circumstances when mediation is exempt, otherwise you are required to attend a Mediation Information and Assessment Meeting (MIAM) and provide proof of this in any application made to the Court. It is at the MIAM where you will discuss with the mediator whether mediation is suitable in your case.  Mediation can only take place if both parties are willing to engage and try and reach an agreement.

Collaborative

Under the collaborative process you will meet with your partner and your respective solicitors in meetings to negotiate and reach agreements on all issues that will affect you and the children. Throughout the collaborative process you will feel as though you have more control over decisions being made for your children as you will make the decisions yourself after discussion and advice from your solicitor. Emery Johnson Astills are committed to finding the best solutions for you by agreement, rather than through court proceedings.

Sometimes only a couple of meetings are needed, occasionally more are required. Once you and your partner reach an agreement it will be put into effect with a court order.

Emery Johnson Astills are experts in collaborative law, we are a member of Resolution which is the organisation founded to prevent the legal process increasing animosity between separating couples. Emma Mitchell, partner, is a specialist collaborative practitioner and solicitor at Emery Johnson Astills.

Arbitration

Arbitration is where you and your partner appoint an arbitrator, this person will make decisions on any financial or child related issues and these decisions are binding. Arbitration is a way to resolve disputes quickly and in a setting less formal than a court room.

Once an arbitrator has been agreed and appointed that person will deal with the matter from start to finish. This method of resolving disputes is more cost effective than making an application to the Court.

Emery Johnson Astills are experts in family law and our specialist solicitors can advise you in relation to divorce and separation. We can discuss these options with you and refer to you to a mediator or arbitrator if required to do so.

If you would like to speak to one of our specialist solicitors or arrange a fixed fee appointment to discuss options please do not hesitate to contact Emery Johnson Astills on 0116 255 4855.