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.

• Mediation
• Collaborative law
• Arbitration, private hearings and early neutral evaluations

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.

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

"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

If you require further information or advice from our team of specialist family lawyers, please contact a member of our team or call us on +44 (0)20 7814 1200.