At all stages of your matter, whether within a non court dispute resolution process or formal proceedings, we will consider the need to refer to or work with other professionals to offer services and expertise beyond our own or to compliment the legal advice you are receiving. Quite often it will be advisable to engage, early in the process, a specialist family barrister. We work closely and have excellent relationships with a number of professionals and specialist family law barristers at highly reputable chambers. We are able to handpick professionals you need as part of the team, and ensure the right person for your case.
We also work in conjunction with and will engage or make recommendations for:
The necessity of other professionals will very much depend on your specific circumstances and how their involvement will assist you individually or as a family, narrow the issues or progress your matter to its conclusion. We will keep this under review throughout your matter.
At the outset of your matter, we will always discuss the various process options with you, once we have a better understanding of the particular circumstances and the issues you are dealing with.
Following a change in the Family Proceedings Rules with effect from 29 April 2024, in appropriate cases, the court now has an expectation that there will be use of or serious consideration to the rule of non court dispute resolution.
Prior to commencing court proceedings, a party must attend a MIAM (Mediation Information Assessment Meeting) where these options will be further explored. More information can be found on our Mediation page.
We will always endeavour to work with you and resolve matters outside of a court process, if at all possible. The vast majority of cases are dealt with using an appropriate form of non court dispute Resolution. There are many options available and consideration will be given as to whether some or all are options for your particular circumstances:
All out of court options can be flexible enough to mix and match depending on your circumstances and issues in dispute.
Finally it remains open to the parties to have:
These all fall outside of non court dispute resolution under the Financial Remedy Protocol but do show willingness to be constructive in approach and resolution. Combined with non court dispute resolution options they may well result in matters being concluded without a court application being necessary.
All options above have pros and cons and to best assess whether they are right for you we would recommend a meeting with us to talk through your situation, provide you with specific advice and discuss in detail which process options might work best for you, to enable you to reflect. It goes without saying, that unless sufficiently urgent to warrant a court application it is always best to try and resolve matters outside of court. The option of a court application is still there if you need it.
In some cases, it is not possible to resolve matters and contested court proceedings are the only way. We never advise on entering a court process lightly, but sometimes this is unavoidable and the only way to resolve the issue/s. This is a case-specific decision that has to be given careful thought, but if required, we are equipped with the experience and skills to handle your case to its conclusion.
Appointing an arbitrator (a Judge) to make a legally binding decision.
It can be used to resolve financial and children issues and is akin to court proceedings. The arbitrator will produce a decision after considering the evidence and each party’s case. In financial arbitration it is called an ‘award’ and in children arbitration a ‘determination’. In signing up to arbitration the parties agree to be bound by the decision. It will then be necessary for the decision to be incorporated into an order to be approved by the court.
It can be very cost effective and much quicker than a court process, with the further benefit jointly choosing having continuity of the person deciding your case. Many arbitrators offer flexibility in the arbitration process and fees for arbitrators can be competitive and proportionate when faced with court delays.
Using a combined process of mediation and arbitration to resolve the issues between you. Both of you agree to sign up to arbitration, you then move to mediation to see whether the issues can be resolved between you in that process together. If not, you transition back to arbitration for the outstanding issues to be decided. This dual process enables certainty of process, timescales and ultimately a determination if matters can not be agreed in whole or part.
Where your respective lawyers will work together, with you, to help you reach an agreement in round table setting. The parties and their lawyers sign an agreement not to issue proceedings and to work together, without agenda, to resolve the issues.
Instructing an independent person (usually a specialist solicitor or barrister) to provide a neutral evaluation of what a Judge may do if determining the issue in a court process. This can be done on paper (so you receive a written opinion) or commonly, virtually, where the decision is given to you both orally. This can be a particularly useful option for ‘sticking points’ in negotiations.
Meeting with a highly trained person to work with you both to assist and facilitate your discussions and help you make decisions. There are various models of mediation and these should all be considered. You can find out more on our Mediation page or by downloading our Family Mediation Guide.
Instructing an independent person (usually an experienced solicitor or barrister) to provide a view of what a Judge may do if they were deciding what should happen at a final hearing. The judge does not make a final decision, but instead tries to encourage the couple to reach an agreement. It provides an opportunity for everyone to gather to discuss the dispute, narrow the financial issues and to seek the guidance from an experienced solicitor or barrister on the legal position from a neutral position having heard both parties points of view. This hearing is ‘without prejudice’ to enable you both to enter the process prepared to negotiate.
The court process varies depending on the type of proceedings being dealt with and we will steer you through the various steps of the court process, relevant to the application being dealt with, prior to your decision to issue proceedings. All proceedings start with an application being drafted by us, working with you, which will attract a court fee (unless a court fee exemption can be sought). There will be an element of administrative gatekeeping by the court to make directions for what you should do next in terms of preparing for the first hearing in the matter, which is often called a ‘directions hearing’ or a First Directions Appointment (finances) or First Hearing Dispute Resolution Appointment (private law children). The court will consider what the issues are, the facts or matters in dispute, how those issues will be resolved and what, if any, evidence (whether from you both or a jointly appointed experts) is required.
In both children matters and financial matters, there will be a hearing, following the filing of evidence and compliance with court directions to try and resolve matters without a fully contested hearing. In financial proceedings, this is known as a Financial Dispute Resolution Hearing (FDR) and children proceedings a Dispute Resolution Appointment (DRA).
Both of these hearings are aimed at resolving matters and require skill and careful preparation in anticipation of and at the hearings themselves. Such hearings enable the parties to negotiate and try and find a solution allowing matters to conclude. If matters can not be resolved, the court will list a contested final hearing, where you both and any experts (so far as necessary) will give evidence to enable the Judge to make a decision.
It is without a doubt that the effect of the Covid-19 pandemic has had an impact on the functioning of the court system and the ability of the court to deal with matters on a swift timetable. Hearings can be listed a long way ahead, sometimes many months, which can lead to a lot of uncertainty and concern about the future and when matters will be concluded. Some hearings remain ‘virtual’ either entirely or hybrid (where some people attend and others are remote). Hearings can be removed from the court list at short notice, which causes an increase in cost and a great deal of frustration and a feeling of being lost in the system. These issues will be part of our overall consideration when guiding you through this process, enabling us to discuss with you the best process option moving forward including non court dispute resolution to ensure your matter is on the right track to resolution from the outset.
