Dispute resolution
Out of court options have traditionally been known as Alternative Dispute Resolution (ADR) but they're now more mainstream so we increasingly use Non-Court Dispute Resolution (NCDR) or simply Dispute Resolution (DR). The main DR options are:
Family mediation: Mediation keeps decisions about children and finances in your hands. The mediator is impartial, acting as a referee and managing the process. Mediators can give legal information but not advice.
Collaboration: Collaborative discussions take place in a series of meetings. You're both supported throughout by your own independent collaborative lawyer with everyone working together to help you reach an agreement.
Arbitration: Family arbitration is effectively private judging. Unlike with mediation or collaborative options, the decision about any dispute is made for you, but the process is a lot more flexible and quicker than going to court. The arbitrator's decision is binding.
Negotiation: If there is anything that you and your partner cannot agree about negotiation will be involved, whether you're mediating, in collaborative meetings, at court or in arbitration.
Private FDRs and Early Neutral Evaluation: A private FDR helps divorcing couples resolve financial disputes privately, quickly, and cost-effectively with a neutral judge’s guidance.
Litigation: When you can't resolve your dispute out of court, you might have to apply to the Family Court to get help from a judge to come to an agreeement.