Mediation, Arbitration & Collaborative Law

A positive approach to divorce

The breakdown of a relationship almost always involves some disagreement, but this doesn’t mean that court is inevitable. Mediation, Arbitration and Collaborative Legal Services are three solutions that can help overcome the difficulties in communicating with your ex-partner.

The breakdown of a relationship almost always involves some disagreement, but this doesn’t mean that court is inevitable. Mediation, arbitration and collaborative legal services are three solutions that can help overcome the difficulties in communicating with your ex-partner.

• Mediation – Discussions aided by an impartial mentor to help both you and your former partner reach agreement on key matters.
• Collaborative negotiation – Open discussions alongside your respective lawyers to negotiate an agreement; the focus of which is always the family’s best interests.
• Arbitration – A conclusion is reached by a neutral arbitrator, who acts as a judge would in court.

Mediation, arbitration and collaborative legal services could be right for you, if both you and your former partner are…

• ready to work towards a solution together
• happy to discuss matters openly and productively
• willing to hold open and honest conversations about the issues in your divorce or separation throughout the entire process

The Collaborative Law Process – What to expect

The collaborative law process will require you to sign a contract that states you will come to an agreement during a series of discussions alongside your respective lawyers.

Once these discussions result in a financial settlement, this will be formalised through either a court order or separation agreement, both of which are legally binding.

Why and how out-of-court can work

Court is an intimidating prospect for most people, with outcomes that are rarely predictable. Other reasons that you may want to keep your matters firmly outside of the court room may include:

• You could come to a resolution more quickly than if you pursued court action.
• Solutions can be more flexible and the costs more manageable.
• The setting, compared to a court room, is more informal and the atmosphere less confrontational. This can support better communication, saving time and costs in the process.
• Mediation, Arbitration and Collaborative law can each be used for all types of matters, ranging from relatively simple financial separations to highly complex business matters, or dealing with significant wealth.
• All three solutions are legally binding - arbitration is immediately so, while agreements through mediation or collaborative law are legally stamped as part of a court order.

When out-of-court settlements do not work…

Unfortunately, sometimes out-of-court solutions simply do not work. If both parties are not willing and open for an agreement to be made, then court may be the only way forward.

Regardless as to the journey ahead, whether it be through the courts or not, our job is to support and defend you. We will provide advice, information and expertise to arrive at an agreement that represents your interests.

Separation is almost always a financially strained time, so we will always inform you of the costs before moving ahead.

Our mediation and collaboratively-trained lawyers are here to assist a smooth process for your discussions or negotiations.