Collaborative solutions: Avoiding court in family disputes

Fiona Ryans, Divorce & Family

Avoiding court and working collaboratively began in the US in 1990 when a Minnesota family attorney named Stuart Webb decided there had to be a better way to resolve disagreements between separating couples.

The collaborative approach focuses on settlement without the threat of ‘going to court’ hanging over the parties while they negotiate. Positive round table discussions take place between the parties and their solicitors instead of adversarial communications.

This is just one option for clients keen to avoid court and resolve matters constructively. For financial cases, other options include:

• Collaborative approach: As outlined above.
• Mediation: A trained mediator assists parties in negotiating to reach an agreement.
• Arbitration: A privately appointed family arbitrator decides the outcome for the parties, and they are bound by that decision.
• Early neutral evaluation: A trained legal professional gives a view on the likely outcome at an early stage, helping parties focus discussions to resolve matters.
• Resolution Together: One solicitor helps both parties by working with them together to achieve a resolution.
• Private financial dispute resolution: Conducted by experienced and specialist barristers, solicitors, and judges who provide clarity and direction to help parties reach a final agreement.

There are further options available for resolving issues related to children beyond those listed above. Given that the Family Justice System is essentially in crisis, it is always best to try and avoid court if possible.

Delays are increasing, costs are rising, and Legal Aid is only available in very limited circumstances. To put this into context:

• In 2023, there were 44,563 financial remedy applications filed at court, an increase of 11% since 2022.
• 50,798 new private law children applications were filed in the same year, taking 46 weeks on average to reach a conclusion.

The court system simply cannot cope with this volume of work, and delays leave everyone in limbo, often for over a year. The situation is incredibly stressful for everyone involved.

Sometimes court is inevitable (and necessary), but the Divorce and Family Team at Hay & Kilner, will discuss the full range of options available to you and ensure your case is dealt with appropriately. Get in touch with Fiona to find out more.