There are a number of ways to resolve family issues:

Court Proceedings

Sometimes Court proceedings are necessary.  Often, however, they can be avoided.  The prospect of appearing before a Judge, uncertainty as to outcome and emotions running high can all mean that a trip to Court is usually the last thing that people want.  In fact, even when cases litigate, only a very small percentage end up in a final hearing before a Judge.  The Court puts in place a timetable for hearings but negotiations continue along the way.  Looming Court hearings and legal costs mean that these often result in a settlement.  Many clients, however, feel out of control in this process and would like to avoid it if at all possible. 

We have a wealth of experience in all manner of family Court proceedings but many of our clients are pleased that this is not the only way.....

Voluntary Negotiations

This means that you are both represented by solicitors who resolve matters by negotiation through the exchange of letters and documents or in a meeting.  If parties are on reasonably good terms and quite close to an agreement, this can work well.  It can be quicker and cheaper than starting the Court's timetable rolling and trying to negotiate along side.  All discussions, however, are conducted against the backdrop of what the Court would do if it went to Court and this can lead to one or other of the parties digging their heels in.  Where this happens or if one party is not willing to negotiate or for example,simply not ready to accept that the relationship is over, let alone deal with what happens next, the lack of a formal timetable can lead to delays, wasted legal fees and frustratingly slow progress.  Recognising which cases are best suited to voluntary negotiations is part of our skill and experience.

Mediation

Mediation has been around since the late1980's and many have heard of it as a method of resolution.  It involves one trained mediator (who is usually also a solicitor) who tries to help both parties reach an agreement.  The mediator cannot advise either party and once mediation is over, both parties need to return to their individual solicitors for advice.  Mediation works well in a number of cases and can be a cost-effective way forward.  It is not, however, suitable for all.  Some clients find progress is frustrated by the fact that neither party can be advised in the mediation sessions themselves.  Others would prefer to have the support of their lawyer with them where they feel there is an inbalance of bargaining power.   It works best if both parties have advice and guidance from their own lawyers. Harriet Burge is well accustomed to supporting clients through mediation. 

Collaborative Law

Collaborative family law has been practised in the USA and Canada since the early 1990s and was first introduced in the UK in September 2003.  Each party retains a specialist collaborative family lawyer (who must be registered) to advise them throughout the process.  Both parties and their lawyers sign a participation agreement stating that they will not go to court and that if either one changes their mind, both parties will have to hire new lawyers.  This removes the Court as the backdrop to all negotiations and frees up the lawyers to help you achieve a more flexible and imaginative settlement.  All negotiations take place round the table in a series of meetings as opposed to exchanging solicitors' correspondence. The collaborative process is not right for every case.  For those it is, it can be quicker and cheaper than lengthy court proceedings although not necessarily in comparison to mediation or voluntary negotiation.  The real advantage, however, is that it can make the process of divorce or separation less stressful and maximises the prospect of preserving what goodwill there may be between the parties.  This can be invaluable,for example, if there are children as the need for both parties to cooperate in the job of parenting is likely to continue for many years to come.  Harriet Burge is trained and registered Collaborative lawyer and encourages clients to consider whether this approach might suit their circumstances.