Alternative Dispute Resolution
At Wilsons, we are committed to serving our clients in the best possible way and offering imaginative and constructive solutions to their cases. Each case turns on its facts and some cases are suitable for alternatives to the court process.
At Wilsons, we are committed to offering our clients a path through their divorce or dissolution which suits their individual circumstances, and where possible, maintains relationships and keeps stress to a minimum.
There is not just one way to divorce or dissolve a partnership and the path you take can have a significant impact on your future. This journey, and the most appropriate path for you, completely depends on your personal circumstances. That’s why, at Wilsons, we have spent many years developing our Alternative Dispute Resolution specialism.
What is Alternative Dispute Resolution?
Simply put, Alternative Dispute Resolution (ADR) is a way of settling a dispute without going to court. Many couples going through a divorce or dissolution find ADR a good option, as it can help maintain relationships and it avoids the stress of the court process. ADR can be a much quicker process and hearings are always held in private. That is not always the case if there are Court proceedings.
Which ADR process is best for me?
There are a number of different options available. Whichever process you engage with, your agreement needs to be recorded in a court order, to be binding and enforceable.
Mediation
We are able to introduce you to and work alongside specialist trained mediators, who are always neutral and can help identify the issues and work with you to resolve them. Mediation can be used to resolve disputes around all manner of issues, such as child arrangements or the division of assets. Legal advice is vital to support you through mediation.
Arbitration
An arbitrator is a very experienced lawyer who is qualified to sit as an independent judge (called an Arbitrator) who will then make a binding decision. Both of you would have independent family lawyers.
Collaborative Law
If you and your ex-partner or spouse decide to engage in this process, then you would both need representation by a collaboratively trained lawyer. You then attend meetings all together to try to broker an agreement in a collaborative way. This means each party is supported by their lawyer throughout the process.
This is a flexible process where you can build up a team which could include an accountant, a family consultant, a financial adviser or perhaps someone who specialises in children work, who could provide you with all the help you require to try to broker an agreement directly. This is particularly helpful if you have complex assets, or shared business interests, for example.
Resolution Together
We are about to launch our Resolution Together practice which gives couples an opportunity to divorce amicably with just one lawyer. This is at the cutting edge of family law, and can be a positive way for a couple to engage with the process amicably and in a cost-effective way.
