In any divorce, there are typically challenging issues to address between the parties. What methods can lawyers employ to assist and achieve resolution?
Traditionally, the perception may have been that a warring couple each appoints solicitors who take firm stances on behalf of their clients and proceed to the courtroom, seeking a final ruling from a judge to resolve their disputes.
However, the landscape of family law disputes today often looks quite different. There is a range of solutions available, and a one-size-fits-all approach is not suitable.
Get some initial advice
If a couple is unable to reach an agreement on their own, practical legal advice for one or both parties can often clarify the available options and make them more inclined to reach a resolution.
Frequently, we receive calls from distressed clients who have been threatened by their ex-partner with extreme outcomes, such as being financially ruined or losing access to their children. Without pragmatic and practical advice, positions can quickly become entrenched. Seeking initial advice from experienced family lawyers can help prevent some of these issues from escalating.
Agree on a collaborative approach
In the collaborative model, both parties engage lawyers who commit to following a specific set of guidelines aimed at resolving clients’ issues outside of court. Unlike traditional negotiation through written correspondence, in this process, the parties meet face-to-face to negotiate and achieve an agreement together.
This model is highly beneficial as it enables the parties to actively listen to each other, comprehend their respective concerns, and receive professional legal guidance to work towards a solution with the assistance of the solicitors present.
Try mediation OR consider arbitration
We encourage all clients to consider a process called mediation as a first step. Mediation aims to assist parties who are experiencing difficulties in communication to reconnect and find solutions together. It is widely recognised that a solution reached by the parties themselves is preferable to one imposed by a court or external decision-maker.
Family mediation may not be suitable for everyone, but there are alternative methods to address issues before resorting to court. Arbitration, in particular, is gaining popularity because it grants parties greater control over the process and timeline. In arbitration, the couple (assisted by their lawyers) effectively appoints their own judge, who then renders a decision on the case. This process is akin to court proceedings, but with arbitration, the timing and location of the “hearing” are agreed upon, avoiding the lengthy queues typically associated with local family courts. Additionally, parties can ensure that the arbitrator is a specialist in family law who has thoroughly reviewed all case documents—an assurance not always guaranteed in traditional court settings where judges may be overburdened or in magistrates’ courts, for instance. Most importantly, parties can be confident that their case will receive adequate time and attention during the hearing.
All parties are encouraged to consider arbitration as a means of resolving disputes more expeditiously and often more cost-effectively than the traditional court route.
Take the case to court
Unfortunately, some individuals approach disputes with deeply entrenched positions, and despite the best intentions, informal methods may prove ineffective. It’s important to recognise that even if the matter escalates to court, the process remains focused on encouraging parties to reach a settlement—whether through the representation of their lawyers or through the judge. It’s entirely possible to reach an agreement within the courtroom itself, avoiding a full trial. We often advise clients that a ruling imposed by a judge may leave neither party fully satisfied, whereas a negotiated settlement provides a degree of control.
Any of our lawyers will be happy to discuss your options with you and assist in resolving your divorce disagreements with minimal acrimony.
