Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.
When a dispute arises, a solicitor is often the first person you turn to. But heading straight to court is no longer the default. Parties are now expected to explore other avenues before issuing proceedings, and in many family cases the court can refuse an application outright if mediation hasn’t been considered. Judges also have a continuing duty to encourage alternative dispute resolution (ADR) at every stage. So, what does ADR actually look like in practice?
Solicitor‑led negotiations
Often the starting point, solicitor‑led negotiation gives you clarity on your legal position and a structured way to communicate. With the right guidance, many disputes can be resolved long before court becomes necessary. Our role is to advise, support and signpost you through the options that best fit your circumstances.
Mediation
Family Mediation Week in January highlighted just how powerful mediation can be. It’s a voluntary, confidential process where a neutral mediator helps parties communicate and find common ground. Increasingly, children can have a voice within mediation – not to make decisions, but to ensure their needs remain central rather than lost in conflict.
Mediation can:
- Rebuild communication where trust has broken down
- Help parents navigate changes such as school transitions or relocation
- Offer flexible formats, including hybrid, shuttle, or lawyer‑supported mediation
It isn’t suitable for every situation, particularly where there is domestic abuse, but when it works, it can be transformative. Agreements reached in mediation can sometimes be formalised into a legally binding consent order, especially in financial matters.
Collaborative Law
Collaborative law offers a structured, solicitor‑led alternative for those who want to work together without going to court. Both parties and their collaboratively trained solicitors meet face‑to‑face to find solutions that feel fair and balanced.
This approach encourages transparency, reduces conflict and keeps control firmly in the hands of the parties. Financial agreements reached collaboratively can be converted into court orders to provide certainty and enforceability.
My colleague, Kirsty Morbey, is a trained collaborative solicitor and would be delighted to discuss whether this approach is right for you.
Early Neutral Evaluation (ENE)
ENE provides an early, confidential assessment of the strengths and weaknesses of each party’s case by an experienced barrister or retired judge. It’s non‑binding, but it can be a powerful reality check highlighting likely court outcomes and encouraging settlement before costs escalate.
ENE can be particularly effective in complex children or financial matters, helping parties move toward a consent order once the key issues are narrowed.
Arbitration
For those seeking a binding decision without the delays of the court system, arbitration offers a bespoke, confidential alternative. A specially trained arbitrator hears the case and issues an ‘award,’ which becomes legally binding once accepted. Arbitration can be faster, more flexible and more tailored to your family’s needs than traditional litigation.
Choosing the right path
Each ADR option comes with its own benefits, costs, and suitability depending on your circumstances. What they all share is the potential to reduce conflict, save time and give you more control over the outcome.
If you need tailored advice on the best route for your situation, please contact me via [email protected] or call 01457 860606. You can view our Family Law service page here.
