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Can I resolve my case without going to Court?

There are alternatives.

It can be very confusing when you are separating and considering divorce proceedings or in dispute about your children. Family and friends offer advice, which although well meant may or may not be correct and information found online can be conflicting.

At Tisshaws we believe the key is to be properly informed and use that information to decide what the best option is for you and your family.

Whilst the actual Divorce can only be done through the Court, deciding arrangements for your children or sorting out financial matters can be resolved in a variety of other ways; preferably using a method where you have input into the decision making process rather than a decision being made for you by the Court. Whatever method you use we would always recommend that, for financial matters, a Consent Order be drawn up reflecting the agreement reached.

 

So, how can you resolve your dispute?

 

By agreement

If you feel that you are able to sit down and discuss matters between you, that is an excellent cost and time effective option, however we recommend that you any deal is fair and reasonable by speaking to a solicitor. Ideally you should take advice about your rights and responsibilities before these discussions take place so that you are negotiating from an informed standpoint.

 

Mediation

Both parties meet with an independent and qualified mediator on one or more  occasions to help them come to a settlement on which the parties can then get independent legal advice.

 

Collaborative law process

This involves both parties instructing specially trained lawyers and all working together in a series of fourway meetings to decide what outcome is best for you both, particularly taking account the needs of any children, with the objective of reaching an amicable agreement.

 

Arbitration

If an agreement cannot be reached, it is possible for you to agree that you will appoint an independent arbitrator who will hear from you and those representing you and will then make a decision based on the information available to them. This is similar to the Court process, in that the decision is taken out of your hands but can be tailored to you and take place much more quickly than a Court hearing.

If you would like more information on any of these options or to instruct a collaborative lawyer or mediator please contact us for an appointment on 01444 472700.

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