Alternatives to Court
It is not always necessary to go to court. There are a number of alternatives which are available to everyone. Mediation is often suitable where both parties are able to discuss their circumstances openly and freely with one another. It is important however that there is not a “power imbalance” and that both parties are willingly able to enter into mediation freely and transparently.
The collaborative process has evolved from mediation and both parties will have to appoint their own collaborative lawyer. The parties then meet in a series of four-way meetings, with a view that collectively the parties will try and reach an agreement. The lawyers will commit to work together in order to assist the parties.
Arbitration or Private FDRs (or Financial Dispute Resolution Hearings) are also available when suitable. These options enable the parties to decide upon their own jurisdiction in which to resolve their differences, whether by ‘hiring a Judge’ with appropriate experience or by engaging in the formalities of arbitration.