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Garner Canning - Family

Family

Alternatives to Court - FAQ

I want an amicable settlement. Are there alternatives to going to Court?

Yes, only 5-10% of cases go to a final hearing and the rest settle either before a Court hearing or by any of the following:

 

Direct discussions

You can try and discuss issues with your partner direct (with or without guidance from lawyers) and come to an agreement. If you feel that this is something you want to try, you may find professional advice and guidance will help you along the way, especially to consider whether a Court Order is needed to ensure your agreement is legally binding.

 

Negotiations through lawyers

In many cases matters can be resolved through lawyers, usually by correspondence and without going to Court. At Garner Canning we encourage lateral thinking during negotiations by keeping the focus on the solutions rather than past problems in order to achieve a fair outcome.

 

Mediation

Mediation is now recognised as one of the fastest and most cost-effective routes to achieving settlement of a dispute. Mediation is a process in which a professionally trained and neutral third person assists separating or divorcing couples to reach their own agreed and informed decisions in a safe, secure and confidential environment. The Mediator does not take sides and does not offer legal advice, but is there to identify those issues you cannot agree on and to help you try to reach agreement. A referral can be made to a suitable mediator and our lawyers can advise you through the process.

 

Collaborative Law

This is an approach built on mutual problem-solving where both parties and their lawyers agree to work together to negotiate an agreement without going to Court. This means that if the collaborative process breaks down, both parties will need to instruct new lawyers, thereby creating a strong incentive to make the process work.

All issues are resolved by the parties and their lawyers having face-to-face, roundtable meetings where the focus is to find solutions by respectfully working together. If appropriate, other people such as experts or financial advisers may also attend the meeting.

For more information on the Collaborative Law process and to see if it is suitable in your case please contact Joanna Keene on 0121-479-5577