A Welcome Alternative

by

15-10-2011

The breakdown of a relationship is not something that anyone would wish for and is often the last resort after long drawn out experiences. Bitter feelings and often shattered communications can lead to a very sour ending to relationships.

Clients often consider using solicitors as a last resort; in an ideal world, disputes ought to be resolved amicably between parties, but sadly this is not often the case. Developing clear boundaries and a set out structure can often make the harsh reality of a divorce a little easier. Nobody enjoys fighting it out in courts, which can often be a very upsetting, unnerving process and also an expensive process.

Solicitors who are members of Resolution can often help with such situations.  Resolution members subscribe to a code of conduct which encourages and promotes negotiation and mediation as a first step.

Encouragingly for families from April this year, all disputes relating to family breakdowns, excluding domestic violence issues, are referred to mediation before any court application can be issued.

Mediation is designed to assist clients to reach decisions regarding their disputes in a non contentious way. A little like a referee, mediation allows each party to air their grievances in a controlled and safe environment and to try to reach a settlement that suits both parties; often this can result in an amicable divorce without the need for contested court proceedings.  The Court is then only used to record agreements reached.

Another process to resolve family dispute resolution is the use of Collaborative law. This process is similar to Mediation except that each party has their own Solicitor to advise and support them and the parties and their legal representatives attend round table meetings together.

If clients are truly honest with themselves,  nobody would  enjoy “fighting it out in court” and the other options available can reduce stress and pressure and hopefully resolve issues amicably which is especially important if children are involved.

Gardner Leader has specialists in both Mediation and Collaborative Law and would be happy to give you advice on any of the above. If you would like to discuss this with any of our experienced team please contact Gardner Leader on 01635 508080.


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