What Is Family Arbitration?
Family arbitration is a form of non-court alternative dispute resolution (NCDR) through which parties involved in family-related disputes – foll...
There are many alternatives to family court. For too many people, a bad situation gets worse if and when matters end up in a family court. There are at least twelve different options that are available to you; many of them work together, and all of them will save you time, money and a lot of stress. Courts are underfunded and overburdened and for many the stress of being part of the court process can have devastating effects on the family, particularly the children. As the senior judges and family law professionals keep telling us, “There are no winners in family court.”
It’s very difficult to get the timing right for getting on with the actual practical process of sorting out a separation. Sorting out the finances, the property, assets, debts and, most importantly, the children takes energy at a time when it is in short supply. If you can, take your time to find out what options are available to you in your situation and which would give you and your family the best outcomes for moving forward.
If you do need to engage some professional advice make sure they work exclusively in the area of family law and/or they belong to an accredited organisation; have a look at what they specialise in and, most importantly, always have a chat with them first on the phone to see if you like them. If you are engaging a family lawyer for the first time ask them to explain to you what your options are – today there are many ways to separate and it’s important you pick the right route for you.
You will find lots of support on this hub on the alternatives available and tips on how to choose the right professional for you.
If you find that you and your ex simply can’t make a decision on one or all issues, then you need a decision-maker, this is where Arbitration comes in. Sadly,...
Learn moreArb Med (Arbitration-Mediation) What is it? Arb Med is a combination of arbitration and mediation. The order is important. First, you’d instruct an arbitrator who would direct that you attend...
Learn moreA child-inclusive mediator (CIM) is a specially trained mediator talks and listens to your children. Usually, but not always, the child inclusive mediator will be separate to your mediator or...
Learn moreCollaborative Practice is where specially trained lawyers work together to help you both sort things out; they will never work against each other or try to win; they will not...
Learn moreWhat is Early Neutral Evaluation (ENE)? You both agree it would be helpful to ask (or instruct) a neutral person to tell you (in person/Zoom or in writing) what might...
Learn moreHybrid (or lawyer assisted, or supported or integrative) mediation What is it? Where one or both of you have your lawyers present in mediation. The lawyer(s) can be there all...
Learn moreMediation is where a highly trained person provides you and your ex with assistance to sort things out. You usually meet the mediator on your own so they can see...
Learn moreWhat is Private FDR Judging? This is more formal than a straightforward early neutral evaluation and will usually mimic the court procedure. The process allows you to either step away...
Learn moreA Round Table meeting is where lawyers and you feel it’s a good idea to meet ‘around the table’ or online together. Sometimes this is called ‘collab lite’ as the...
Learn moreA solicitor neutral is where a solicitor acts in a neutral and directive way to assist both of you. In the first instance, the solicitor neutral ought to carry out...
Learn moreFamily arbitration is a form of non-court alternative dispute resolution (NCDR) through which parties involved in family-related disputes – foll...
Active Listening Mediation offers a structured environment where conflicting parties can negotiate their differences with the assistance of a mediator...
Many people think that mediation is not for them This may be because:- Photo by Headway on Unsplash Whilst mediation is not always appropriate, ...
To improve the resolution of family disputes, recent changes to Family Procedure Rules have placed a renewed emphasis on non-court dispute resolution ...
Family mediation is being increasingly used by separating/separated couples who wish to discuss issues arising from their separation, often involving ...
What You Need to Know Going through a separation or divorce can be emotionally challenging, especially when children are involved To encourage separat...
Navigating Separation and Divorce with Support and Care At the Parenting Apart Programme, we understand that navigating the challenging journey of sep...
There are many issues which separating parents need to bear in mind under Scots’ Law This article will address some of the most common queries W...
Writing about whether Family Court decisions are always in the best interests of children requires a gargantuan effort to separate the objective from ...
Most of the public don’t realise that there are alternatives to family court or the traditional letter writing service offered by most lawyers&n...
Solicitor Neutral Believe it or not, there is such a thing as a good divorce If you and your partner want to separate well, consider using ...
What I do The questions, what is a family mediator, and what does a family mediator do are common questions for those just about to embark on the fami...
What I do What does an Arbitrator do As an Arbitrator I am appointed by a couple and make decisions that are be final and binding on both participants...
What I do As a Counsellor and family consultant I offer compassionate, non-judgemental, and confidential assistance for individuals going through the ...
What is a counsellor and what is counselling are good questions to ask As a Counsellor I offer compassionate, non-judgemental, and confidential assist...
What I do What does the Child-inclusive Mediator do Child-Inclusive Mediators (CIMs) meet with children whose parents are in mediation so that the chi...
What I do A divorce consultant can serve many different purposes, but the focus is to provide support and guidance with both the personal and legal ch...
So, if you are separating and possibly considering divorce, how do you choose the right professional support for you First, you n...
In most cases, working out your own arrangements in mediation following separation or divorce is the best way forward This is because it is quicker, l...
When you separate there may be so many things to think about that it can feel very overwhelming As a parent, it is not unusual to be worried or concer...
A MIAM (Mediation Information And Assessment Meeting) is the first step whether you think you need to make an application to court, wish to mediate or...
If you want to take your case to Court, in most cases (unless you have made an allegation of domestic abuse and have specific evidence in support of t...
The simple answer to such a question is: ‘I don’t expect you to’ There are many situations where family mediation is not the best op...
People only ask the above question when they are convinced they should be going to court They feel that a Mediation Information and Assessment Me...
It is good to acknowledge that you may be nervous and wary of your ex-partner Mediation is a really helpful supportive process, but it may still...
Once you’ve decided that family mediation is the right service for you, you have a number of practical things to consider But first and foremost...
I feel privileged when parents approach me about mediation and entrust me with helping them work through the children aspects of their separation From...
We have had the biggest overhaul of our divorce system for over 50 years which came into force in April 2022 The aim of this being to introduce a &ldq...
There is no automatic presumption that the children would stay with their mother if an unmarried couple separate The focus should be on looking at the...
An easy-to-read book outlining all the options open to separating couples.
The Family Mediation Council (FMC) have a commitment to maintaining the high standards of family mediation. The FMC ensures family mediators adhere to a Code of Practice. This Code of Practice, updated by the FMC in November 2018, outlines the aims, objectives and scope of family mediation. The Code also details the general principles of family mediation, as well as the training and standards which can be expected of all Family Mediation Council mediators.