News
5 June 2007
Keeping Divorce out of the Courts - The alternatives and the benefits
From the media portrayal of the divorce of Sir Paul McCartney and Heather Mills-McCartney it would be easy to infer that divorce proceedings can become a battle, especially where children and finances are involved.
The Mills-McCartney case is rather unique, and most couples would prefer to manage their separation as smoothly as possible, without a bitter fight through the courts.
The Family Law Protocol is a set of guidelines developed by the Law Society which offers guidance to all family practitioners. The protocol outlines that when meeting with clients who are facing family breakdown, a solicitor must discuss the issue of reconciliation if appropriate to find out whether there is a possibility of saving their relationship.
Many people find it difficult to deal with their emotions during a relationship breakdown which makes resolution difficult. There are a number of alternatives, known as “alternative dispute resolution”, which available to deal with these emotions, and manage a relationship breakdown more easily. These include:
• Mediation the most established technique of dispute resolution whereby mediators work as a neutral third party to facilitate negotiations.
• Conciliation, which is available in many courts in children cases and is usually conducted by a CAFCASS (Children and Family Court Advisory & Support Service) officer who puts forward various options and potential outcomes.
• Collaborative law is where the solicitor and client agree in writing to reach a settlement without the involvement of the court. The parties work together to resolve financial matters and issues related to children.
There are a number of benefits to using alternative dispute resolution, including:
• It is better on separation if both parties can sort out their practical arrangements for the future themselves.
• It helps both parties to find a solution that meets the needs of all involved and that both parties feel are fair, sensible, workable arrangements.
• It reduces tension, hostility, misunderstandings and improves communication. This is especially relevant if there are children involved as parties need to be able to co-operate over their upbringing for many years.
• It offers costs savings.
• There are also economic benefits for a publicly funded party as they will not be required to contribute towards the cost of mediation, nor legal advice provided under public funding in connection with that mediation.
• It is a requirement to consider mediation in publicly funded cases before General Family Help or a Legal Representation Certificate can be obtained.
Beswicks Solicitors can offer advice in relation to alternative dispute resolution prior to the issue of divorce proceedings and financial and children matters.
We can also offer a referral to Mediation Advisory Services where appropriate.
For further information contact Fiona Craig on 01782 205 000. Fiona Craig is a trained collaborative lawyer.
Back to news list