There are various ways to settle a family dispute these are:
“Kitchen table” / DIY method – you can negotiate your own agreement. Even if you agree, it is important to take legal advice to make sure that you understand the legal implications of your agreement.
Counselling and Therapy – Counselling /Family Therapy may be able to help address the underlying issues to assist you in resolving disputes. It is important to take legal advice to make sure that you understand the legal implications of any agreement reached.
Mediation – Mediators are trained to help resolve disputes. A mediator can help you try and reach an agreement. Mediators are neutral and are there to use their skills to help manage and facilitate discussions. It is important to take legal advice alongside mediation to make sure the legal implications of any agreement are fully understood.
Collaborative Process – Within this process you and the person you are in dispute with together with your legal representatives (who would have to be a qualified Collaborative Lawyers) would to sign an agreement stating that the matter will not be taken to Court and all shall endeavour to come to an agreement. The process takes the form of round-table meetings with everybody present, additional experts such as family consultants and financial advisers can also be present to help resolve matters. An agenda is drawn up prior to the meetings so that specific issues are dealt with at each meeting. The Collaborative Lawyers would be present within the meetings in order to give guidance, advice and direction. The Collaborative Lawyers would work together to ensure that the best outcome is achieved all round and it is one which will stand your family in good stead for the future.
Lawyer led negotiation – you can use a lawyer to negotiate a settlement on your behalf. The negotiation is largely based on letter and telephone communication between lawyers but can also be conducted by way of round-table discussion.
Arbitration – Arbitration has been developed to try and help resolve disputes more quickly, confidentially, cheaper and more flexible and less formal than if matters are taken through the Court system. An Arbitrator is appointed who will make a decision that will be final and binding. Solicitors can be instructed to help and support, advise and represent you throughout the process.
Court proceedings – In certain circumstances it can be beneficial to issue court proceedings and sometimes this can be the only option to settle disputes.