Non-court dispute resolution

Not every case needs to go through the court process. In some circumstances avoiding court can be cheaper, faster and less stressful.

Various cuts in funding to legal aid and the courts service mean there can be significant delays throughout the court process and for some it can feel overwhelmingly complex. The good news is, alternative simpler solutions are often available and we can guide you through the options.

We can assist and advise on a range of non-court alternatives. If you would like to find out more, please contact Scott Baldwin:
Direct dial: 0115 943 7180 
E-mail: scott.baldwin@stmarysflc.co.uk

Settlement reports

If both parties can agree to use a settlement report it can be an extremely cost-effective way to get an early evaluation of the likely outcome of a case. It can also be used further down the line to break a deadlock in negotiations or deal with one particular issue in an ongoing case.

In order to make use of a settlement report, both parties must agree to jointly instruct a barrister to provide it. The report is non-binding and without prejudice and is used as a guide to the probable outcome, to help the parties negotiate a settlement.

Both parties must submit the appropriate details to the barrister, together with the fee. The barrister will then compile a report within 21 days, setting out the court’s approach and the likely outcome were the case to proceed to trial.

Click the links below for more information:

Financial settlement reports
Child settlement reports

Arbitration

Family law arbitration is a relatively new concept but one that is rapidly becoming an extremely useful tool in resolving financial cases.

In a recent speech, Sir Hugh Bennett said “I confidently predict that within the near future family arbitration will complement the court system just as private medicine complements the National Health Service”.

Family arbitration offers many advantages to traditional court proceedings, while still providing a binding, enforceable order at the end of a case. The speed with which matters can be resolved means that it can also be incredibly cost effective, as the parties can save vast sums in costs. The parties can also deal with matters in a more relaxed manner and setting, at neutral locations and convenient times.

Arbitration is currently only available for financial matters.

To find out more about the advantages of arbitration, you can download a useful leaflet: click here 

Or visit the website of the Institute of Family Law Arbitrators

Or contact Scott Baldwin:
Direct dial: 0115 943 7180 
E-mail: scott.baldwin@stmarysflc.co.uk

Mediation

Inevitably, the court process can be confrontational. When dealing with issues surrounding children, it can be worth exploring alternatives to this potentially hostile experience.

Mediation allows the parties to be guided through making compromises without some of the stresses and strains of the court process. It allows the parties to find their own solutions, especially those relating to arrangements over where children live and how visits are arranged.

We do not currently offer our own in-house mediation service but we can recommend a mediator local to you.

For more information about mediation you can visit the Family Mediation Council website. 

Or contact Scott Baldwin:
Direct dial: 0115 943 7180 
E-mail: scott.baldwin@stmarysflc.co.uk