Services A-Z     Pricing

Alternatives to Litigation

Going through litigation and the court system is not always the best route for every couple and family faced with divorce or separation. For some, alternatives such as mediation, collaborative law and arbitration offer private, less confrontational, quicker and often more cost effective ways of resolving the issues which exist between them, enabling them to reach a fair agreement for everyone.

Many people find these processes to be a significantly more positive experience than having a solution imposed upon them by a court and it leaves them in greater control of the process overall.

Below you will find links to some alternatives to litigation and links to further information and frequently asked questions for you to consider whether one of these may be an option for you.

Our team of specialist family lawyers includes several experienced family mediators.  They are able to provide substantive mediation (in relation to financial matters and/or issues relating to children) and undertake MIAMs (Mediation Information and Assessment Meetings). The team also includes a number of collaboratively trained lawyers, who can act for you as part of the collaborative law process.

Helpful information

Recent examples of work

  • Acting for a City professional husband in resolving a financial settlement with his wife during the course of several collaborative meetings with the wife and her lawyer. The husband had a substantial income, and the case involved discussions about maintenance (amount, structure and term of payment).  A creative and tailored settlement was agreed, giving the husband certainty and providing for separate funds/pension for the wife in retirement.
  • Mediating a couple, who did not wish to instruct lawyers, to negotiate the division of their £30m assets. The mediator worked with the couple, their accountant and other tax advisors to prepare a tax efficient settlement.
  • Acting for wife in an arbitration where she was seeking to ascertain and obtain the correct amount of her husband's bonus as part of her maintenance claim.  The couple could not agree the amount of arrears of maintenance or the amount to be received from the husband's bonus, so the wife was forced to make an application. In choosing arbitration, the wife obtained a speedy and cost effective decision to secure her future maintenance.

 

WHAT IS SAID ABOUT US

Kingsley Napley has an excellent technical and human approach. They have very strong partners and very promising associates."

Chambers and Partners, High Net Worth Guide 2024

Kingsley Napley are incredibly proficient and have exceptional attention to detail. They are swift to respond, deft, and empathetic in dealing with very personal and emotional situations."

Chambers and Partners, High Net Worth Guide 2024

Kingsley Napley are adept at navigating complex issues on behalf of their clients and have a team of highly skilled lawyers."

Chambers and Partners, High Net Worth Guide 2024

It's a team that has a great breadth of experience across the board and particularly in international cases."

Chambers UK, A Client's Guide to the UK Legal Profession

I always think of them as having a Rolls-Royce service but they are particularly good when there's a European element to the case."

Chambers UK, A Client's Guide to the UK Legal Profession

Very strong litigation practice, with some of the best up-and-coming stars of tomorrow"

Legal 500 UK

A standout firm"

Legal 500 UK

Professional yet sympathetic manner and the team always fights hard to defend your interests"

Chambers UK, A Client's Guide to the UK Legal Profession

 

what clients and directories say about us

Kingsley Napley has a strong family team, particularly at partner level. There is a breadth to the work they do (complex and international finance work, high conflict children work, abduction, surrogacy, mediation). The individual lawyers are all approachable and easy to get along with. They are one of the top family firms in London, with high quality work and a good reputation."

Legal 500, 2025

A great mediation offering; they are really committed to it and it shows."

Legal 500, 2025

The mediation team at Kingsley Napley are growing from strength to strength. Great expertise both in matrimonial finance and complex children matters, so I have no hesitation recommending any of the mediators."

Legal 500, 2025

 

If you require further information or advice from our team of specialist family lawyers, please contact a member of our team, email us or call us on +44 (0)20 7814 1200. Alternatively you can submit a brief online enquiry here.

Ready to find out where you stand?

Click here to get started

Alternatives to Litigation Insights

View all

Blogs

How can mediation help couples discuss prenuptial agreements?

Experts in mediation – a case study

Time for collaborative law to come of age

Navigating Divorce with Grace: Insights into Collaborative Law

Pets are for life, even after divorce: solutions for pet arrangements from pet nups to mediation

Rise of the machines? The role of AI on divorce

Family Mediation Week – The Future is Bright

Mediation, celebrity culture and avoiding the spotlight

Loosening lockdown: practical points for separating couples

Moving abroad or returning home with children and the risks of child abduction during the coronavirus crisis

Am I stuck with my divorce settlement after coronavirus?

Resolving family disputes through mediation, arbitration and private FDRs during the coronavirus crisis

Reflections on The Split – S2, E6: …and that’s a wrap

Reflections on The Split – S2, E4: Child arrangements, adoption and a potential sex tape scandal

The advantages of mediation in resolving family disputes

The ripple effect: the family law consequences of allegations of sexual misconduct in the workplace

Using arbitration to settle family disputes – less Hollywood, more privacy

Divorce, Dissolution and Separation Bill – what it means and where it is at now

Good Divorce Week: top tips for achieving a ‘good’ divorce (and yes, it is possible…)

Reflections on The Split - Episode 1

Parental alienation and intractable contact disputes – when all seems lost

Adultery, blame and divorce - the end is nigh?

Reconciliation Contracts – an alternative to divorce?

No fault divorce – taking the blame out of divorce to reduce conflict and litigation

Parenting and separation – the challenges of parental alienation and what to do about it

Mediating megastars – keeping it private and solution focused

The Child Arbitration Scheme – resolving family disputes about children outside of court

Alternatives to the family court process - new Family Law Children Arbitration Scheme to be launched

Adultery and divorce – they think it’s all over….but it ain’t necessarily so

Divorce prediction and avoidance - a therapeutic answer

The voice of the child in family courts

Mediation - the ‘new’ requirements before issuing court proceedings

Call for changes to family law - “the dinosaurs have had their day”

Preparing for marriage: the views of a family lawyer

Preparing for the best outcome in child relocation cases

Summer surge in children applications - dealing with the queues in Court

Family justice reforms: The demise of legal aid, the rise of the litigant in person and what lies ahead for family law

Dignified divorce - reforming the blame game

Could a modern redefinition of marriage be the key to divorce reform?

Husband jailed for not disclosing his assets in divorce case

Divorce Reform: from Downton to ‘no fault’ divorce - are we as modern as we like to think?

Demi Moore and Ashton Kutcher – is a ‘private’ divorce possible?

The first Family Dispute Resolution Week – a battle for ‘hearts and minds’

Separation: An alternative to divorce for disadvantaged couples?

Close Load more

Skip to content Home About Us Insights Services Contact Accessibility