Court is not an easy option. If you can find an alternative way of sorting things out you should do so. Alternative Dispute Resolution (ADR) (also called Dispute Resolution (DR) or Non-Court Based Dispute Resolution(NCDR) can be a
range of things, from simply sitting down over a cup of tea with your ex or grieving party to draw up a plan to resolve your disputes because in court proceedings their is no guarantee of a win win situation.
Some of the more formal approaches include the following:
- Couple Counselling: It might seem an odd thing to include but couple counselling (often called marriage guidance) can help you work together as you end your relationship
- Mediation: Mediation can help you reach an agreement about disputed issues arising from your separation (e.g. children, finances, communication). Mediation is voluntary. Mediators are impartial, do not advise you, and do not impose a decision upon you. Mediation is voluntary.
- Arbitration: Arbitration is voluntary, but once you have agreed to go to arbitration an arbitrator will make a binding decision instead of a judge. The decision can be enforced in court.
- Collaborative Law: Both parties instruct lawyers trained as Collaborative Lawyers who work together in an attempt to achieve a resolution and are less restricted in their dealings with the other lawyer than would normally be the case.
- Round Table: Parties and their lawyers agree to set aside a day to come together and attempt to negotiate a settlement in an attempt to avoid court. Most often used where there are significant assets or a particular need for privacy.
- And many others
More information about alternatives to court can be sought from your lawyer and don’t forget that mediation, can be tried even if a court case has already started. It is rarely too late to try and find an alternative to settling out of court.