ADR (Alternative Dispute Resolution)

Giving you more control over the divorce process and timing.

As the courts are presently in crisis owing to the backlog caused by the

Covid pandemic, it might be worthwhile considering the various alternatives out there, to resolve the

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Mediation is now becoming a more familiar term, and this process involves a separating couple meeting with a mediator who is neutral and impartial, to discuss the issues in dispute, in the hope of reaching a settlement. It is a wholly voluntary process and the mediator, who is often a family lawyer, is able to inform the couple as to the law, (although most importantly cannot advise), explore possible solutions and reality test the range of possible options that may be under discussion. The process is positive and constructive, rather than it being about raking over past events, or descending into mutual recrimination.

7KHUH DUH GLಀHUHQW types of mediation, the classic mediation taking place with the couple and a sole, or two co-mediators, and hybrid mediation. In the hybrid scenario, the couple can each have their respective solicitors present during the process and the mediator will shuttle between the two.

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and the classic mediation, is that in the former the mediator can keep certain

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from the other party, which is not the case in the classic mediation model.

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alternative dispute option is the arbitration process which is when a couple can appoint an arbitrator, who is a quasi-Judge and will be a barrister, solicitor, or retired judge, to impose a decision. The couple will choose which issues are to be determined by the arbitrator, either all issues or only discrete issues and the arbitration hearing takes the exact same format as a Court hearing, with each of the parties giving evidence, being cross-examined by the other party’s legal representative, and the arbitrator making an arbitral award, which is a judgment, at the conclusion of the hearing.

There is also “The Certainty Project,” which is a process in which a couple will sign up to mediation DQG LI WKLV LV QRW HಀHFWLYH in resolving the issues in dispute, it automatically leads on to an arbitration. Either, all issues can be agreed in mediation, in which case an agreement can be drawn up, or there can be certain or all issues still in dispute, which will then be decided by the arbitrator, within the arbitration process.

These processes can be bespoke to the couple in that they can be adapted to meet their particular needs. It might be that for the purposes of a mediation, the couple will require family therapy alongside the mediation, to deal with any emotional or psychological issue arising from their separation, in addition to dealing with the practical aspects, such as

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arrangements.

There is also an option whereby a couple can have a round table meeting with their respective lawyers to see if an agreement can be brokered. This is not mediation, in that their lawyers are partisan and can advise their client throughout the process, unlike the mediator, who is neutral and impartial, but round table meetings

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resolving the dispute.

It is a question of a couple deciding what is best for them, but in respect of all these various options, there is a greater ability to control the process, the timing and the cost, unlike the Court route. It is also far more likely that any outcome reached, upon a couple settling a dispute by agreement, will

ZRUN PRUH HಀHFWLYHO\ DQG be more amicable. This is most important, when there are children and the couple still need to coparent going forward.

This article is a general summary of the law. It should not replace legal advice tailored to your

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