This months presentation:

Collaborative Law and Mediated Dispute Resolution

Emma Wilders-Pratt from Parker Bullen Solicitors and Andrew Campbell from Hampshire Family Mediation gave MBG members a presentation on collaborative forms of mediation as an alternative to divorce litigation.

As an alternative to the courtroom as a place to end a failed marriage there are now collaborative and mediated options for couples to find a solution to their separation.

Collaborative law provides couples with a place to sit arounda table with solicitors and experts to help them find an amicable solution. Participants agree not to go to court and that helps them to focus on finding a solution together.

Mediation involves a neutral third party helping a couple to discuss the issues and find a solution in a confidential process. Mediation concentrates on the future rather than raking up the past and is particularly focused on finding a plan to help any children of the relationship. Their solution is then sent to court to be rubber-stamped by a judge.

Although the processes vary they allow the couples to choose a process that suits them. The collaborative and mediated methods are often faster and cheaper than litigation, courts often fast-track these cases to encourage people to use them instead of a traditional court case.

Where litigation often proves to be a divisive process that places blame on a couple, mediation and collaborative approaches encourage co-operation and empathy between parties involved. Any solution they reach is also unique to them and their situation.

Finally any solution will go before a judge to be sealed so it is legally binding, although this part of the process does not require the family to appear in the court.

Specialist collaborative law solicitors are trained to recognise cases that they can refer to these processes. The only cases where the methods cannot be used are those where any element of physical violence is involved.

Our thanks to Emma and Andrew for their presentation.