Alternative Dispute Resolution

Alternative dispute resolution offers a simpler, more collaborative approach to resolving family disputes, helping you find fair solutions without going to court.

Being involved in protracted family law court proceedings can be exhausting, stressful and costly. Our focus is to guide our clients through this difficult time, using alternative dispute resolution methods to resolve their disputes wherever possible. There are various ways to resolve your family law matter without going to court.

Mediation Services

Mediation involves a trained, neutral mediator assisting you and your former partner towards a negotiated agreement. Both parties are encouraged to participate in the decision-making and propose workable solutions that best meet the needs of the family. The negotiations are conducted voluntarily and confidentially. This means that either party is free to walk away from the process at any time. Mediation can be much more flexible than going to court and can lead to a faster resolution of your family law matter. Any settlement reached can be documented in a legally binding agreement. Where appropriate, this can be used as the basis for an order for the court’s approval.

Frank is a trained mediator and member of the Family Mediation Association. He sees his role as mediator to facilitate the discussion and, if appropriate, provide general legal information to enable the discussion to move forward. His role as a mediator is in every case, impartial.

Should you choose to use our mediation service, it will remain open to you to retain your own solicitor to advise you as to the appropriateness of any agreement reached at mediation and we can explain this to you if you wish.

Early Neutral Evaluation (ENE)

ENE involves the appointment by parties to a dispute of an independent and impartial evaluator to provide an opinion on the respective merits of a case and recommendations after each party makes representations at a ‘hearing’.

The parties can then use the evaluation as a basis for negotiating a settlement. The process is confidential, non-binding and without prejudice – unless exceptional circumstances apply, representations made by the parties during the evaluation process cannot be used in subsequent proceedings.

At Paradigm Family Law, this approach underpins our partnership with whatwouldajudgesay.com, which applies the principles of Early Neutral Evaluation in a structured, accessible way for divorcing couples. The service provides a written, judge-led assessment of likely financial outcomes, delivered within a fixed timeframe and for a fixed fee. It allows parties to obtain early, independent judicial insight and use that evaluation as a foundation for informed negotiation, often avoiding the need for contested proceedings.

Private Financial Dispute Resolution (PFDR)

PFDR can be used to resolve your financial affairs as an alternative to court proceeding or if proceedings are already underway, you may opt to attend PFDR. The process involves the appointment by the parties of a financial dispute specialist, who may be a solicitor, barrister, or retired judge.

During the ‘hearing’ the parties’ respective legal teams make submissions and the judge provides an assessment of an appropriate outcome or a range of likely outcomes. The parties can then move forward to settlement negotiations on a ‘without prejudice’ basis.

As with most processes there are pros and cons. Some advantages of PFDR include:

As the process involves the private appointment of a judge, the parties are not at the mercy of long waiting times and interruptions that would otherwise apply in court proceedings.
During the process the judge is focused on the case at hand and generally commits a full day to the matter.
The parties can nominate a judge with specific expertise relevant to their issues.

Probably the greatest disadvantage of PFDR is that the parties will need to pay for the process. However, the potential for the dispute to be resolved quicker and without the cost of preparing for a final court hearing, can offset this expense. Research shows that the success rate is in the region of 90%.

In both PFDR and ENE processe the parties agree to make frank and clear disclosure of the relevant facts to each other and to the judge/evaluator conducting the process. They must conduct themselves with the same respect and repose as otherwise expected in matters before the court.

The parties must act in good faith with a genuine intent to reach agreement on the matters in dispute. They must cooperate with, and provide the information necessary, to assist the evaluator in carrying out his or her duties. The process should be used to focus on the issues in dispute and not merely as an opportunity to air grievances.

Family arbitration

Family arbitration is an alternative method of resolving a financial dispute which can be faster and less expensive than going to court. The parties to the dispute agree on the selection and appointment of an arbitrator and the matters that the arbitrator will decide. This provides the parties with an element of flexibility and control over their matter that may not otherwise be available through the court system.

The arbitrator’s decision (award) is final (unless very limited extenuating circumstances apply) and the parties agree to this before the arbitration commences. Arbitration awards are then approved by the court and have the same binding effect as court orders.

When dealing with your family law matter, we will:

encourage clients to put the best interests of the children first
conduct matters in a constructive and non-confrontational way
avoid use of inflammatory language both written and spoken
retain professional objectivity and respect for everyone involved
consider the long-term consequences of actions and communications as well as the short-term implications
emphasise to clients the importance of being open and honest in all dealings
make clients aware of the benefits of behaving in a civilised way
keep financial and children issues separate
ensure that consideration is given to balancing the benefits of any steps against the likely costs – financial or emotional
inform clients of the option for example, counselling, family therapy, round table negotiation mediation, collaborative law and court proceedings
abide by the Resolution Guides to Good Practice

If you need assistance, contact one of our lawyers at info@paradigmfamilylaw.co.uk or call 01904 217225 for expert legal advice.

Recent Testimonials

Because of the international nature of my case, I needed a lawyer experienced in both English and German law. Frank quickly brought clarity to a long-running dispute, offering excellent strategic advice with reassurance and kindness. His professionalism and humanity stood out, and I would recommend him without hesitation.

Stephanie

Frank was a pleasure to work with while navigating a complex divorce involving high-value business assets. The case progressed all the way to the High Court and was settled on the day. An extremely challenging process was made far more manageable thanks to the firm’s friendly, timely and sensible support throughout.

E.T.

This is the second time Evelyn has supported me, and I would not hesitate to contact her again. She is approachable, kind and down to earth, yet extremely professional and knowledgeable in family law. I am deeply grateful for how she went above and beyond to help me during a difficult time.

Laura Stead