At OGR Stock Denton, our family team offers a variety of different options for resolving a dispute, enabling clients to choose the method which best suits their circumstances.
Matters can be resolved through the use of mediation, arbitration, collaborative law or litigation through the courts. Given that emotions are often running high many couples are increasingly exploring the options outside of formal court proceedings.
While this sometimes remains the most appropriate way of dealing with certain matters, as a firm we often encourage parties to reach an amicable agreement with the help of trained mediators, through the use of collaborative law or family arbitration.
Resolving matters outside of the court can have a number of advantages. It is less confrontational, quicker and more cost effective.
There may also be a better chance of reaching an agreement that best reflects the interests of both parties involved, as opposed to having to abide by the conditions of an order imposed upon you by a Judge.
An independent mediator will help a couple to resolve the practical issues that have arisen following the breakdown of their marriage or relationship.
Mediation can deal with any practical issue that the couple would like to address. These may range from questions about where their children should live and how often they should see each parent, through to detailed financial issues.
Generally speaking, the couple will meet for sessions alongside the mediator or mediators. Some couples prefer the co-mediation method, which can allow for both a male and female mediator being present.
There are a number of stages within mediation before an agreement can be achieved. Initially it is necessary to collate the information and establish trust between parties. The mediators need to understand the information provided before being able to assist the couple in attempting to find a solution.
An agreement reached through mediation is voluntarily entered into by both parties, with the terms often finalised over a series of meetings.
If necessary, this agreement can be made binding via a court order and a member of OGR Stock Denton’s family team will be able to assist clients with this.
Collaborative law is another alternative to traditional court proceedings.
One of the main differences between collaborative law and mediation is the support of lawyers representing each party being present at meetings. It is a non-confrontational way of bringing the parties together to resolve matters relating to children and finance.
It generates a dignified and co-operative attitude to negotiation and the commitment of the separating couple and their lawyers is to achieving a settlement which will be as suitable as possible for the family without the threat of court proceedings.
For further information on Mediation or Collaborative Law, please visit our contact us page.