Methods of Dispute Resolution
The Whole Spectrum
Whilst Family cases may contain a lot of similar elements, they are never identical, so there is never really a standard way of dealing with them.
However, when looking at dispute resolution methods, there are various recognised negotiation styles. Some involve no, or very little, input from third parties whilst others have a high degree of involvement with third parties.
At one end of the scale is the "Kitchen Table" method. By this we mean that the parties have sat down together, discussed matters and reached an agreement between them. In other words, the parties have taken personal responsibility to resolve matters to their mutual satisfaction.
At the opposite end of the scale are the high conflict cases, where the parties can't agree, and which are ultimately determined by the Court after hearing evidence from the parties and their respective witnesses. In other words, the parties have absolved themselves of personal responsibility and have put determination of their dispute in the hands of a third party. Frequently, neither party is happy with the outcome.
Most Family Law cases have some input from third parties. For example, it may be that parties using the Kitchen Table method will take into acount the views expressed by their children when deciding matters pertaining to their care. Often, a client will attend for an initial appointment with their solicitor to obtain advice with regard to the legal aspects of their separation, either before discussing matters directly with their spouse/partner, or afterwards, as a way of checking that the resolution they are considering is fair and reasonable in the circumstances.
Sometimes parties, whilst happy to meet with each other with a view to resolving their differences, need a little more assistance in reaching an agreement. This is where dispute resolution methods such as Mediation and Collaborative Practice come in. In these methods the parties play an active role in resolving any disputes they may have and are given assistance by professional third parties. The emphasis is on resolviing matters during meetings between the parties, rather than by way of correspondence.
The traditional solicitor based negotiation process generally means that you meet with your solicitior, your solicitor writes to you and to your spouse/partner's solicitor, and your spouse/partner's solicitor writes to your spouse/partner and to your solicitor. In other words, there is generally no direct communication between the parties themselves. Sometimes a joint meeting may be arranged, which both parties attend with their respective solicitors, but the majority of the communication is done between the solicitors, rather than between the parties themselves.
However, when looking at dispute resolution methods, there are various recognised negotiation styles. Some involve no, or very little, input from third parties whilst others have a high degree of involvement with third parties.
At one end of the scale is the "Kitchen Table" method. By this we mean that the parties have sat down together, discussed matters and reached an agreement between them. In other words, the parties have taken personal responsibility to resolve matters to their mutual satisfaction.
At the opposite end of the scale are the high conflict cases, where the parties can't agree, and which are ultimately determined by the Court after hearing evidence from the parties and their respective witnesses. In other words, the parties have absolved themselves of personal responsibility and have put determination of their dispute in the hands of a third party. Frequently, neither party is happy with the outcome.
Most Family Law cases have some input from third parties. For example, it may be that parties using the Kitchen Table method will take into acount the views expressed by their children when deciding matters pertaining to their care. Often, a client will attend for an initial appointment with their solicitor to obtain advice with regard to the legal aspects of their separation, either before discussing matters directly with their spouse/partner, or afterwards, as a way of checking that the resolution they are considering is fair and reasonable in the circumstances.
Sometimes parties, whilst happy to meet with each other with a view to resolving their differences, need a little more assistance in reaching an agreement. This is where dispute resolution methods such as Mediation and Collaborative Practice come in. In these methods the parties play an active role in resolving any disputes they may have and are given assistance by professional third parties. The emphasis is on resolviing matters during meetings between the parties, rather than by way of correspondence.
The traditional solicitor based negotiation process generally means that you meet with your solicitior, your solicitor writes to you and to your spouse/partner's solicitor, and your spouse/partner's solicitor writes to your spouse/partner and to your solicitor. In other words, there is generally no direct communication between the parties themselves. Sometimes a joint meeting may be arranged, which both parties attend with their respective solicitors, but the majority of the communication is done between the solicitors, rather than between the parties themselves.
