Alternative forms of Dispute resolution

Mediation

This is a process whereby you and your spouse meet with an independent third party, i.e. the mediator, who will then attempt to facilitate an agreement between yourself and your spouse. The mediator will not force an agreement on you and will simply try and help you and your spouse to reach an agreement between yourselves. The purpose of mediation is not marriage guidance and the mediator will not try and deal with the issues in the relationship which led to its breakdown. The purpose is to deal with the repercussions of the breakdown rather than save the marriage.

You now should attend a Mediation Information and Assessment Meeting (MIAM) before you can apply to the Court to deal with children or finance issues.

The mediator will try to deal with both financial and children issues and can be particularly helpful if difficulties arise in the contact arrangements between your spouse and the children.

Anything that you discuss in mediation is confidential and therefore, generally, cannot be discussed in subsequent Court proceedings. The process is, however, entirely voluntary subject to the requirement to attend a MIAM as above.

Collaborative law

This is a form of alternative dispute resolution. The principle aim of the collaborative process is to try and assist the parties in taking control of the dispute resolution process rather than have lots of letters passing between your respective solicitors which can lead to an increase in acrimony and cost.  The collaborative process is a series of meetings between the parties and their respective solicitors to try and resolve the issues that have arisen. At the start of the collaborative process each party and their solicitor sign an agreement that they are committed to the process.

Both David and Sara are collaboratively trained and if you feel that this may be the best way for your issues to be resolved they can give you details of the process and details of other local collaborative lawyers to pass on to your spouse.

Sara-Jayne Fildes

Sara Fildes

David Small

Resolution Collaborative Family Law Logo
Resolution Family Law Mediator Accredited

We hope  that you  have found this post useful, but if you require any further information on this subject or the fees we charge, please do not hesitate in contacting Sara Fildes via email on sarafildes@owenkenny.co.uk or call her on 01243 790532.