Out of court settlement will always be the preferred outcome of any dispute and is actively encouraged so as to avoid costly contested court proceedings.
There are a number of different methods of out of court dispute resolution. We can help you assess which of these methods is best suited to you and your circumstances as not all methods are suitable for everyone.
Collaborative Law is a process whereby both parties appoint a specially trained lawyer. At the outset all parties sign an agreement that they will not go to court (other than for the approval of any agreement reached) and negotiations take place by way of meetings between both parties and their collaboratively trained lawyers. The aim of collaborative law is to promote amicable discussions and, in particular, keep the parties focused on the needs of any children. Where appropriate, other experts, such as a financial advisor or family consultant, can be brought in to assist.
Mediation is a process whereby a trained independent third party attempts to help resolve the dispute. A series of meetings take place with the mediator who facilitates open discussions with a view to the parties achieving their own agreement. Along the way, a mediator may suggest the parties obtain separate legal advice from a family lawyer. Legal Aid remains available to support mediation for those that are eligible.
Here at Farleys we are able to offer the benefits of the collaborative law process and can refer you to experienced mediators where appropriate. We realise that, unfortunately, dispute resolution cannot always result in success and, in such instances, we are here to advise you on the next steps available.