The purpose of non-court dispute resolution is for individuals to reach a resolution away from the court arena. There are a number of options available to separating couples.

The focus of Family Mediation Week is designed to raise awareness of the benefits of family mediation, a process that can help separating couples agree on what works for them, whilst avoiding the court process with all the stress, delay and cost it can bring but there are also other options available.

Mediation

The Government has highlighted the benefit of mediation and has provided financial support via the Mediation Voucher Scheme since 2021 for parents seeking to resolve arrangements for their children. It has now been announced that the voucher scheme will continue for a further year until March 2026. Further details can be found here.

It is now a requirement, in most cases, that before an individual can consider making an application to court, they have to consider the possibility of attending mediation. This involves meeting with a mediator on a one-on-one basis for a Mediation Information and Assessment Meeting (MIAM). The purpose of the meeting is to discuss what mediation is about and how it might help, explore whether mediation is safe and appropriate, and discuss other options to resolve matters if mediation is not suitable. The MIAM is a confidential conversation between the individual and the mediator. 

Our mediation service aims to help separated or divorced couples make decisions regarding finances and child arrangements in a safe space. Mediation can assist separating couples in making joint decisions to resolve and prevent further disputes. The mediator will not tell the participants what to do but can help them reach their own agreements. 

Negotiated decisions can help restore communication, understanding and trust between the participants. Where children are involved, parents are the best people to decide their future. Mediation is a voluntary process and it can be stopped at any stage if is not helping the separating couple. The mediator is completely independent and impartial. 

Mediation removes the uncertainty of court proceedings. Outcomes are usually reached more quickly and the cost is generally lower. Participants are able to make informed decisions within the mediation process, as legal information can be provided and when dealing with financial matters, there will be a duty on the participants to provide full and frank financial disclosure. 

The issues discussed in mediation remain confidential and cannot be raised in any future court proceedings. Participants in mediation have the option to obtain their own independent legal advice alongside the mediation process. If an outcome is reached in mediation, it can be recorded in a legally binding order.

We have two accredited mediators at Anthony Collins, Chris Lloyd-Smith and Maria Ramon, as well as myself - I am a mediator working towards accreditation.

Alternative options available to individuals other than the traditional option of instructing a solicitor:

Talk together 

For many separating couples resolving issues and arrangements together can represent the best outcome for them. It is the cheapest, quickest and most amicable option but not everyone can reach an outcome together. There can be power imbalances, safeguarding issues and disagreements as to the right outcome. 

Arbitration

Arbitration involves the separating couple appointing a third party to make decisions for them. Each party would put their case to an arbitrator who is usually an experienced lawyer or retired judge. Arbitration cannot proceed unless both parties agree, but if agreed, it results in a contractually binding decision at the end of the process. It can be much quicker and more cost-effective than court proceedings. The parties retain some element of control as they will be jointly choosing the arbitrator. This can provide a level of reassurance for parties. 

Arbitration ensures a high quality of service and care taken for each individual matter. The arbitrator would have time to read the papers and will give a proper written determination once the matter has been heard. The parties can be in control of the date and time of the hearing, which would be held in private, with no reporting journalists or the judgment being published. A decision of an arbitrator can be embodied in a court order.

At Anthony Collins, Chris Lloyd-Smith has qualified as a Financial Remedy Arbitrator. Alongside his legal work and role as a family mediator, Chris will now offer arbitration solutions for couples navigating relationship breakdowns.

Collaborative law

Collaborative law is a form of non-court dispute resolution where the separated parties work in collaboration together with their legal representatives. Each party instructs their own collaboratively trained lawyer, but all involved agree to work together to resolve the issues without starting court proceedings. From the start of the process, everyone is committed to finding the best solutions by agreement. 

A first collaborative meeting will be arranged, during which the separating couple will be invited to share their objectives and an agenda will be planned for the next meeting. Consideration is given to whether any other third parties should be involved in the collaborative meetings such as a pension expert or financial advisor. The meetings can be paused if any therapeutic input is needed to emotionally support an individual. 

Negotiations are purely driven by round table meetings rather than correspondence. If two parties are struggling to communicate, a third party could be used to re-phrase the questions. Collaborative law enables parties to design the process in a bespoke way to set up the advice required to meet their specific needs. 

If an agreement can be reached it will be recorded in writing and a consent order can be prepared to be considered by the court if required. 

Tom Gregory, an associate in our matrimonial team, is trained as a collaborative law lawyer and is keen to work with clients under a collaborative approach. 

One lawyer or resolution together approach

The one couple, one lawyer approach, labelled ‘resolution together’ by Resolution (the membership organisation for family solicitors in England and Wales) allows a single solicitor to work with both parties in certain circumstances during a separation. Unlike traditional litigation, this means that separating couples can benefit from impartial legal advice, being guided towards a mutually beneficial solution.

A specially trained lawyer will initially assess suitability for the one lawyer method and if deemed appropriate, can advise both parties. The lawyer therefore acts as a facilitator for discussions, preparing the necessary documents and where appropriate instructing other professionals on the couple’s behalf, such as property/business valuers or pension experts.

This approach is particularly suited to couples looking to avoid the cost and stress of traditional litigation, while still ensuring their agreements are legally binding. Where parties are unable to reach an agreement themselves, the lawyer can also refer the matter to third parties who can provide further assistance, such as mediators or early neutral evaluators.

We are proud to offer the one lawyer approach to support clients through separation. Chris Lloyd-Smith is specially trained in the one lawyer model and can guide individuals through this process with sensitivity and professionalism. 

Private Financial Dispute Resolution hearing (FDR) for financial matters.

A private FDR tries to mirror the court process, specifically the second of the three hearings the parties would attend if they were involved in court proceedings. If a separated couple has reached the stage of exchanging financial disclosure, obtained valuations for relevant properties, and answered all questions of the other person but just can’t settle the matter then it might be worth considering a private FDR rather than issuing court proceedings. 

A private FDR would bypass the first hearing, straight to the FDR hearing. The separating couple would need to identify a private FDR judge, which is usually a barrister from chambers. Each individual’s case is presented and the FDR judge will then give an indication as to the order they would make if they were the final hearing judge hearing the matter in court. This enables the separating couple to focus their minds on an appropriate settlement. 

The process can be much cheaper than court proceedings and certainly quicker. The separated couple retains control of timescales, the time and date of the hearing and can attend the hearing in a more comfortable setting. After, the private FDR if an agreement is reached, it can be embodied in a legally binding court order. 

We can support individuals in the early stages of negotiation and identify suitable FDR judges for consideration by the separating couple

Get in touch…

For further information relating to non-court dispute resolution please contact our office on 0121 200 3242. Our reception staff will be able to direct you to the most appropriate member of our team. 

Members of our matrimonial team, Tom Gregory, Chris Lloyd-Smith and Maria Ramon discuss the importance of non-court disputes in this podcast.