Our non-court dispute resolution services
Alternative dispute resolution solicitors
Most family disputes don’t need to be decided by a judge in a public court. Rushton Family Law advises clients across England and Wales on resolving divorce, financial and children matters privately, through mediation, arbitration, collaborative law and private hearings, in person or remotely.
These options are often quicker than going to court, give you more control over the timetable and the outcome, and keep your affairs out of the court system. The courts now actively expect separating couples to consider them, and can take a party’s refusal into account. We will advise you on whether a non-court route suits your situation, which one is right, and what to do if the other side won’t engage.
Private hearings
A private hearing gives you a judge’s view of your case without waiting for a court date. In a private financial dispute resolution (FDR) hearing, an experienced family barrister or retired judge, appointed and paid for by both of you, gives an indication of the likely outcome to help you settle. We prepare your case and represent you at the hearing.
Mediation
In mediation, an independent mediator helps you and your former partner reach agreement on finances or arrangements for children. The mediator doesn’t make decisions or take sides. We advise you before and between sessions, so you understand your position and the implications of any proposal, and then turn what you agree into a legally binding order.
Arbitration
In arbitration, you and your former partner appoint a specialist family arbitrator to decide the dispute, and agree in advance to be bound by the decision. It works like a private court, but you choose the arbitrator, the timetable and which issues they decide. Arbitration can be used for financial disputes and some children matters. We represent you throughout.
Collaborative law
In the collaborative process, you and your former partner each instruct a collaboratively trained lawyer and commit to resolving matters through a series of joint meetings, without going to court. Accountants, financial planners and family consultants can be brought in where needed.
When court is necessary
Non-court options aren’t suitable in every case, particularly where there are concerns about domestic abuse, where one side won’t engage or disclose their finances, or where urgent orders are needed. In those situations, we will advise you on applying to court and act for you through the proceedings.
How we work
An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.
Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.
A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.
Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.
