Out of court and into resolution: Methods of non-court dispute resolution on separation or divorce

Family mediation, which most people will have heard of, aims to enable a safe and healthy environment where a trained, independent mediator can assist you in navigating and resolving issues in a less adversarial setting. Such issues could include, but are not limited to, children, finances and property.

The government has in place a Family Mediation Voucher Scheme whereby certain families may be eligible for a government contribution of up to £500 towards the cost of mediation. You will be eligible for a government voucher if:

(a) you are engaged in a dispute/application regarding a child, and/or

(b) a dispute/application regarding family financial matters where you are also involved in a dispute/application relating to a child.  

However, mediation is only an option where you and your spouse agree to it, and there are circumstances where mediation may not be appropriate, for example, where there have been allegations of abuse.

If mediation is successful, and an agreement is reached, you can instruct us to help you record your agreement with the Court.

Should you fail to reach an agreement at mediation or feel mediation is not for you, there are other forms of non-court dispute resolution available which can assist including:

• Solicitor negotiations
• Collaborative practice
• Arbitration
• Evaluation by a neutral third party

Where there is a lack of engagement, it may be that the only viable avenue will be issuing Court proceedings. Court proceedings will be a method of last resort, especially in families with modest assets.

Support

At Porter Dodson we have a dedicated team to advise on separation/divorce, with Resolution accredited specialists. Should you require assistance please contact our family law team on 01935 424581.