How to Avoid Court in Divorce and Family Law: A Guide to Your ADR Options

Disagreements about financial settlements, property, and child arrangements can often happen in separation and divorce. But going to court is not the only way to resolve these types of disputes. Alternative dispute resolution (ADR) methods can help resolve cases more amicably and potentially more quickly.

Find out more about how to avoid court in divorce, how ADR can help you reach agreements, different types of ADR that are available to you, and how to choose the right option.

In family law, ADR methods help separating couples or family members reach agreements through dialogue and professional support. They are a way to resolve legal disputes without going to court.

It offers a constructive way to reduce conflict. This is especially important when children are involved. ADR can be more flexible and productive, whereas going to court can be stressful and adversarial.

The use of ADR is encouraged by the family courts. Separating couples will be asked to explore non-court options before they begin court proceedings. This will normally start with you attending a Mediation Information and Assessment Meeting (MIAM). This meeting is designed to help you decide if mediation or another form of ADR is suitable in your circumstances.

You and your ex-partner meet with an independent mediator who is specially trained to help you work through any disagreements. It can be used for both agreeing child arrangements and financial settlements. The mediator does not offer legal advice. Instead, they are neutral and there to help both sides find common ground.

If an agreement is reached through mediation, it can then be made legally binding with the help of a family law solicitor. Mediation keeps discussions private and can often be quicker than going to court.

With this ADR method, both you and your ex-partner will have your own solicitors. A participation agreement is signed by both of you, confirming your commitment to resolve any disagreements without going to court.

There will be a series of meetings between you, your ex-partner, and your solicitors. These are called four-way meetings. You can also bring in other professionals, such as financial advisors, who can provide additional advice.

Collaborative law is often a good option for divorcing couples who want the guidance of legal experts while working together to reach a fair outcome.

You appoint a private arbitrator, often a senior family law barrister or solicitor, to make a final decision in your case. Arbitration can be used for both financial settlements and child arrangements, and the arbitrator’s decision has the same legal standing as a court order.

Solicitor-led negotiation is often used when one party in the divorce is unwilling to engage in mediation. You can consider this ADR option if you do not want to meet your ex-partner directly. Instead, your solicitor will negotiate on your behalf.

A family law solicitor who is experienced in ADR methods can help assess your situation and recommend the most appropriate option.

• Mediation may be offered if you communicate reasonably well with your ex-partner and would like a non-adversarial approach.
• Collaborative law is suitable if you want legal advice during discussions and are committed to staying out of court.
• Arbitration can help you reach a binding decision quickly and privately.
• Solicitor negotiation is for when you want legal representation and prefer not to speak to your ex-partner directly.

• Mediation and collaborative law outcomes are not automatically legally binding. A family law solicitor can draft a consent order based on the agreement. This can then be court-approved.

• Arbitration decisions are legally binding and enforceable once the award is converted into a court order.

• Solicitor-negotiated agreements can also be made legally binding in a consent order.

Not going to court does not mean accepting an unfair outcome in your divorce. ADR methods can often offer you more control and less stress in your divorce proceedings, and better long-term results. For example, it allows parents to focus on their children’s well-being and reduce conflict following their separation.

Our experienced family law solicitors are here to help you explore all your options and guide you through the ADR process. Whether you’re considering mediation, collaborative law, or need help negotiating a settlement, we’re ready to support you every step of the way.

Our experienced family law solicitors in Milton Keynes can guide you through the ADR options available to you. Contact us today to book a confidential consultation.

In addition to our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.