DISPUTE RESOLUTION
There are two commonly-used alternative methods of family dispute resolution that don’t involve proceedings in a courtroom. They are collaborative law and mediation.
Collaborative Law
In collaborative law, the parties in dispute and their lawyers have a series of meetings to negotiate a fair agreement that they are both sides find satisfactory. No mediator is present in this process. Therefore, it is essential for both parties to work with an attorney who has training in and knowledge of collaborative law. Once collaborative law agreements have been reached, the lawyers draw up legal documents. Once the documents are signed, the contracts are legally binding.
Mediation
In mediation, the disputing parties meet with a competent and qualified mediator. Their attorneys can also attend these meetings. During mediation sessions, the mediator works to help the parties in dispute reach an agreement. Mediation methods are useful because they provide a neutral place for discussion.The mediator guides the process and ensures that all parties involved have the information they need to make the appropriate choices. It’s important to note that mediation agreements are not legally binding. Thus, no legal consequences exist if either party fails to heed the agreement. To make the mediation decisions legally binding, a lawyer must draft legal documents for each party to sign. When legal matters are not resolved through collaborative law or mediation, courtroom proceedings may be the next step.
Court Proceedings
Alternative dispute resolution methods work well for the majority of people, but they don’t work for everyone. Additionally, processes like mediation aren’t always the best choice in every situation. If a dispute cannot be solved with mediation or collaborative law, the matter can be taken further by disputing parties applying to the court. When the court becomes involved, most matrimonial and family law matters are handled by courts that are presided over by magistrates instead of judges. The court process starts when one party applies to the court for a specific order to initiate the process. The nature of the request depends on the kind of dispute that is involved.
Once an application has been made and received by the court, it sets the initial hearing dates. The purpose of the first appointment date is to ensure that all parties involved supply the required information to the court. The second date is a final pretrial hearing and a last effort to resolve the dispute. If this pretrial hearing doesn’t provide the necessary resolution, the court sets a trial date. At the courtroom trial, both parties can give evidence and testimony and call expert witnesses to give evidence. They are well-advised to hire a family law attorney to represent them in court. Once all the evidence has been provided, the judge dictates a legally binding ruling.
Family Law Attorneys
Family law solicitors can provide help in a variety of ways, regardless of whether or not individuals are going to court for their legal issues. Legal aid is not available in most family law disputes. However, some special situations exist in which people can receive it. In any case, having the assistance of a knowledgeable and experienced attorney may benefit your case significantly.