A lot of people believe that if you’re divorcing or separating from someone that you have to go to the court for it to be agreed. However, alternative dispute resolution offers different options that allow you to end your marriage in a less stressful and often more timely and cost-effective way.

Why avoid court in a divorce

Court proceedings can be lengthy, expensive and emotionally draining. The process removes some of the decision making from you and your spouse, meaning you may not get what you want from your divorce .

By contrast, out-of-court options offer:

• Time and money savings by avoiding court hearings and the possibility of court delays
• Reduced conflict, making it easier to communicate and co-parent if applicable
• More control over decisions relating to things like finances, property and children
• More flexible agreements that can be tailored to your needs

Types of alternative dispute resolution in divorce:

Mediation

Mediation is a popular alternative to court in a divorce. It involves you and your ex-partner meeting with a trained, neutral mediator who guides you in talking through any issues to reach an agreement. You remain in control of the decisions, and the mediator ensures that discussions stay constructive and balanced.

Mediation can help with:

• Child arrangements
• Division of assets
• Financial settlements
• Ongoing communication between parents

It’s confidential, flexible and usually much quicker than going through the courts. We can assist and guide you through the mediation process and if you reach an agreement, one of our family solicitors can make it legally binding with a consent order.

Collaborative law

In a collaborative divorce, you and your ex-partner both instruct specially trained collaborative solicitors, from different law firms, who agree to work with you and each other, to find agreeable outcomes.

Everyone signs a ‘no court agreement’ at the outset, confirming that you’re committed to resolving matters without litigation. All discussions regarding your separation take place in face-to-face meetings with both clients and their lawyers present.

Collaborative law is very effective at helping to support and maintain a positive long-term relationship with your ex-partner in the future, especially where children or businesses are involved.

We have three collaboratively trained solicitors at Switalskis, Toby Netting, Juliet Walker and Samantha Downes. They’re also able to recommend collaborative solicitors for your ex-partner. If you’d like to learn more get in touch today.

Arbitration

Arbitration is a private process where an independent arbitrator (similar to a judge) decides after hearing both sides.

The process is usually quicker and more discreet than court proceedings, and the arbitrator’s decision is binding, the same as a judge. We can assist and guide you through the process to ensure that you get the best outcome.

Arbitration can cover both financial and children issues and is ideal for couples who need a clear outcome but prefer privacy and speed.

Solicitor-led negotiation

Sometimes, all that’s needed is for each person to have a solicitor negotiate directly on their behalf.

This approach is simple, timely and cost effective. It works particularly well when both parties are open to compromise but find it difficult to communicate directly. Our divorce lawyers will ensure discussions stay focused, professional and fair, helping you reach an agreement without escalating or extending the conflict.

Early neutral evaluation

Early neutral evaluation involves asking an independent family law expert such as our senior solicitors to give an early view on what a court might decide. This can help both you and your ex to see the likely outcome of your divorce if you go through the court process. It often helps encourage settlement without needing a full court process.

Sometimes going to court to get divorced is needed

While these alternatives work well for many, there are situations where court involvement is the best option. These include:

• Where there is abuse or controlling behaviour
• The collaborative approach broke down
• Negotiations couldn’t be agreed in relation to finances or children issues
• Complex financial situations
• You or your ex-partner dispute the divorce

Whether alternative dispute resolution works for you or you go to court, your solicitor’s role is to keep proceedings as efficient and stress-free as possible. We’re here to represent your interests throughout.

How a family solicitor can help

Exploring alternatives to the family courts doesn’t mean you’re on your own. A good divorce lawyer will:

• Explain your legal rights and responsibilities clearly
• Help you decide which process best suits your circumstances
• Support you in mediation, negotiation or collaborative meetings
• Ensure any agreements you reach are fair, practical and legally binding

We are able to explore the best option for you in our free half hour consultations. If you’d like to book one you can use the form below or call us on 0800 1380458 to contact our Family Law team .