Is an Amicable Divorce Possible? | We believe we must start prioritising the needs of the children first during divorce and separation

An amicable divorce is more possible than ever. This is due to the range of methods available and on offer for separating couples today.

For instance, since the 22 April 2014; before certain applications to the Court can be made, separating couples have to now first attend a Mediation Information and Assessment Meeting

This is a key change; this now means that separating couples are more informed about their options prior to making an application to Court.

Court proceedings can have a lasting effect on the well-being of not only the parents involved, but also the children even though this may be unintentional and wholly undesired by the separating couple.

Charities such as &'Kids in the Middle' raise awareness of the impact that separation can have on children.

Dispute Resolution Options

The methods of dispute resolution available to separating couples depend entirely on the family's circumstances.

We are now going to introduce the two most common dispute resolution options available for separating couples. These are Mediation and the Collaborative Practice process (sometimes known as the Collaborative Law process).

There is a general feeling amongst many family lawyers that dispute resolution options such as Mediation and the Collaborative Practice process should be the preferred method of resolving the issues at hand rather than making an application to Court.

This is because there is growing opinion that Court proceedings can be potentially destructive for the family as a whole over the long term.

Other leading organisations such as 'Resolution&' are also calling for change suggesting that family cases should be kept out of court where ever possible.

The organisation also proposed the idea of a 'Parenting Charter' that can help inform parents about their responsibilities when they choose to separate.

Let's have a look at the alternative to court based proceedings:

The Collaborative Practice Approach

An overview of Collaborative Practice

Real time tailored advice from solicitors during all collaborative meetings held.
It can help to speed up the process of divorce.
It can potentially be cheaper than court based proceedings.
All parties sign an agreement that states they will not go to court while the Collaborative Practice process is in progress.
If the process breaks down new solicitors will need to be appointed.

Can you tell me more about the process of Collaborative Practice

The Collaborative Practice process requires both parties to appoint collaboratively trained solicitors.

You, your partner and the collaboratively trained solicitors then come together in a series of four-way meetings, to potentially find a solution to family issues.

This can potentially remove the notion of competing with your partner, which is often the case when a case gets taken to court.

Many see court based proceedings as a tug-of-war over who is going to win or lose on certain issues.

Dispute Resolution methods such as the Collaborative Practice process provides the opportunity for separating couples to reach more amicable and agreeable solutions.

In the Collaborative Practice process there is no solicitor‚Äôs correspondence sent back and forth. This is replaced with: face-to-face/open discussions within set meetings between the parties and their solicitors.

Through this option you and your partner enter into an agreement that states that while in the process of collaborative negotiations you will not take the proceedings to court.

As the negotiations unfold, barriers can potentially be broken down which then opens the possibility for you and your partner to build bridges.&

This is especially important if you are to maintain an understanding or agreement post separation.

Mediation

Mediation is a process where one or both partners contact an appropriately trained mediator to help resolve family disputes.

An expert mediator can then hold meetings with both partners to help resolve issues arising from separation.

The mediator will always hold a neutral and balanced stance throughout all mediation sessions.

The couple will then both discuss proposals regarding how they wish to settle areas of disagreement. This is achieved through open discussion, in the presence of a mediator.

Both partners will therefore talk through their problems in the presence of an expertly trained mediator, this will then take place on a repeat basis until the end of the process.

The ambition is to find a mutually agreeable solution that can be later be drafted into a document called a Memorandum of Understanding.

This will help consolidate all of the agreements that have taken place and that have been discussed during mediation sessions.

Many couples prefer mediation as it‚Äôs likely to be cheaper and quicker in the majority of cases than if you were to go to court.

Mediation is often viewed as much less confrontational than court based proceedings and can potentially limit the negative impacts of separation upon your family.

Mediation is taken at a pace that suits both parties. This allows areas where more disagreement possibly exists, to be taken at a slower pace, so that mutually beneficial solutions can potentially be found.