Court Proceedings
Sometimes there is no option but court proceedings. Many people find the thought of appearing before a court frightening when this is combined with the emotions and upheaval from separation or disagreements about the upbringing of children, it becomes the last thing most people want.

It is not always necessary to go to court and have a judge decide on what should happen. There are a range of other options.

Direct Discussions
If you can, try and discuss issues with your former partner direct – with or without guidance from lawyers – and come to an agreement. This works for couples where the issues are limited and emotions are low. If you feel that this is something you want to try, you will find professional advice and guidance will help you along the way. But if you want to face your former partner or find it difficult to talk directly then there are other options available.

Negotiations through Solicitors
Matters are in many cases resolved through solicitors, usually by way of correspondence. Unfortunately this can tend to put both solicitors and clients into the mindset of litigation and so the focus is on what the court would order. Correspondence can be seen as hostile and entrench positions. It is always best to try to keep the focus on solutions rather than litigation and open up the thinking while keeping your interests in mind to obtain the agreement that is best for your situation.

Litigation
Although only about 5-10% of cases go all the way to a final hearing the rest settle earlier, solicitors’ and clients’ mindsets can be focused on litigation outcome and the solutions the court could provide. Negotiations are outcome-based and tend to focus on percentages in the division of the capital and income.

If the focus is on the litigation, there is often no room for lateral thinking to find an alternative solution which may be better for the family. Sometimes litigation is unavoidable, for example if one party is trying to hide assets. In such cases it is important that your solicitor represents you with specialist expertise without losing sight of the overall costs, which can be considerable.

Mediation
This has been around since the late 1980s in this country and is well established.
It involves the couple meeting with a mediator, and matters are resolved during mediation meetings between the three of you. Mediation can be on all issues or, say, only on contact with the children. This works in a number of cases and is very cost-effective. Both parties can of course discuss matters at the same time with their own lawyers and get support.

The mediator is independent and cannot be a member of either lawyer's firm. Mediation does not work for everyone. For example one partner may feel unsupported and intimidated in the meetings and therefore feels left alone. Generally, both partners have to be very committed and function well.

The particular mediator needs to be the right person for the couple and should be chosen carefully.
Mediation often works best if both former partners continue to have supportive advice and guidance from their own solicitors.

This is a process which can assist people in resolving conflicts and in reaching agreements for the present and future. Thea Henley is a member of Resolution (formerly the Solicitors Family Law Association) (SFLA) and follow an approach, which is sensitive and cost effective but constructive.
In our experience, following Resultion's Code of Practice results in more disputes being settled without the need for Court proceedings.

Collaborative Law
This is well established in the US and Canada and started in this country in 2003. When a couple agrees to collaborate and both have solicitors who are trained collaborative lawyers, all issues are resolved during round-table meetings with all four of them. If appropriate, other people, such as experts or financial advisers may also attend a meeting.

Both former partners and both solicitors work on this process together and all four agree not to litigate. This means if the collaborative process broke down, both partners would need to go to new solicitors. This is a strong incentive for all four to make it work and the failure rate is low. In the same way as with mediation the process allows for an alternative solution outside of what the law and the court can provide. It therefore allows room for innovative solutions that both partners can accept and that enables both of them to come out of the process with a working relationship with each other still intact or re-established.
Even in the rare cases that the process breaks down the disclosure that has been put together can be used in negotiation or litigation and there should be no need for duplication of work or costs.

At Henley Law we offer a range of services from representation in court proceedings involving relationship breakdown, finances and children arrangements to resolution of disputes through collaborative law.

In the collaborative law process you, your partner and your solicitors meet in a series of two and four way meetings to resolve issues by agreement and without going to court.  Your solicitors are prevented, by written agreement, from representing you in court proceedings if the collaborative law process breaks down.

The aim of collaborative law is to provide creative and fair settlements through voluntary financial disclosure and meetings between parties and their solicitors.  If an agreement is reached then this should be converted in to a court order if it is to be legally binding and conclusive.

Collaborative law is not the right choice for everyone but can be appropriate if there is a measure of agreement between you. Resolution of financial and childcare issues through use of collaborative law will not necessarily be cheaper or quicker than using the traditional court process.  It is however an option to explore with Henley Law’s trained collaborative lawyer.

Thea Henley is a trained collaborative lawyer and can suggest other specialists who can work with your former partner.  Although not as cheap as mediation, collaborative law is a cost-effective way to find the best solution for the whole family.