There are many different processes a client can use to resolve their family law disputes and whilst the court process does have its merits and is justified in some cases, for many client's avoiding the adversarial approach is likely to be better for them in terms of cost, outcome and for their emotional well being. Resolution continues to promote other forms of dispute resolution and having these options gives client's greater control over how they handle their separation and dispute.
Non-court options in family law disputes will often be in the client’s best interests. Last week saw family practitioners promoting non-court options to mark Family Dispute Resolution Week (23-27 November), with this year’s motto being ‘putting children first’. So it is an appropriate time to take stock of the differing attitudes within the profession towards these approaches.Many might think it a bit of a ‘no-brainer’ that we should be guiding clients away from the stress and expense of court battles and encouraging them to put their children’s needs first and settle matters amicably wherever possible....Those who advocate the more traditional court-based approach take the view that mediation and collaborative law are inappropriate where there is a risk of one person failing to disclose assets. However,many mediators insist on full disclosure of all financial information and documentation.