Non-Court Dispute Resolution for Divorce and Family Matters

At KMJ Solicitors, we understand that not every family dispute needs – or benefits from – a court battle. For many separating couples, resolving matters away from the court room is quicker, more cost-effective, more private and less emotionally draining.

Our Non-Court Dispute Resolution services are designed to help you reach fair, workable solutions concerning finances and children without the stress of contested court proceedings. Whether through mediation, negotiation, collaborative law or arbitration, we will guide you toward the process best suited to your circumstances.

We are committed to constructive, solution-focused outcomes that prioritise the wellbeing of the whole family.

All of our solicitors are members of Resolution, a national organisation of over 6,500 family law professionals dedicated to the non-confrontational resolution of family disputes. As members, we adhere to the Resolution Code of Practice, which promotes a constructive and family-centered approach.

Our team has extensive experience advising clients across London and beyond on resolving:

• Financial settlements following divorce or separation.
• Child arrangements.
• Property disputes.
• Pre-nuptial and pre-civil partnership agreements.
• Discrete issues within ongoing negotiations

Where appropriate, we will always seek to resolve matters without litigation. However, if court proceedings become necessary, we have the expertise to protect your interests robustly.

Divorce mediation is a flexible and voluntary process in which an independent, neutral mediator assists separating couples in reaching their own agreement regarding financial matters and/or arrangements for children.

Mediation empowers you to remain in control of decisions that will shape your future.

Key Features of Mediation

• Voluntary process – both parties must be willing to participate.
• Neutral mediator – the mediator does not take sides and cannot provide legal advice.
• Legal support alongside mediation – many clients consult their own solicitors during the process for independent legal advice.
• Full financial disclosure – where finances are discussed, both parties must provide full and frank disclosure of their financial circumstances.
• Safe participation – it is essential that both individuals feel able to express their views openly and safely.

Types of Mediation

We offer several mediation formats tailored to different family dynamics:

Classic Mediation
Typically conducted over three to five sessions lasting one to two hours each, with both parties and the mediator in the same room. In some cases, and subject to agreement, mediation can take place over a single extended day.

Shuttle Mediation
If one party feels uncomfortable being in the same room as the other, the mediator moves between separate rooms to facilitate discussion. In some cases, this may evolve into classic mediation as confidence grows.

Hybrid (Solicitor-Inclusive) Mediation
A more structured form of mediation that incorporates elements of commercial mediation. Parties may have their legal teams present during private meetings with the mediator. Discussions in those private sessions are confidential unless agreed otherwise, allowing for more open exploration of settlement options.

Mediation with Solicitors Present
Although less common, solicitors can attend mediation sessions if both parties agree.

Child-Inclusive Mediation
Where appropriate and depending on the age and circumstances of the children, specially trained mediators may meet with children to ensure their voices are heard in discussions about arrangements.

The Mediation Process

The first step is for each party to attend a separate pre-mediation meeting. During this meeting, the mediator:

• Explains the mediation process.
• Assesses whether mediation is suitable.
• Discusses your objectives.
• Answers any questions.

If both parties agree to proceed, joint mediation sessions are then scheduled.

Mediation can be an effective way to preserve communication, reduce conflict and reach practical agreements that work for your family.

Negotiation remains one of the most effective and widely used methods of resolving family law disputes.

Throughout your case, we will negotiate firmly but constructively with the other party or their solicitors to secure an agreement that protects your interests and meets your needs. Negotiation can take place entirely outside court proceedings or alongside them if necessary.

Financial Negotiation

In financial cases, negotiation typically follows the exchange of full and frank financial disclosure. Once both parties understand the financial landscape, informed discussions can begin regarding:

• Division of assets.
• Property arrangements.
• Spousal maintenance.
• Pension sharing.
• Child maintenance.

Why Choose Negotiation?

• You retain control over the outcome.
• Agreements can be tailored to your family’s specific circumstances.
• It is usually significantly less costly than contested hearings.
• It reduces emotional strain.
• It can preserve workable co-parenting relationships.

A negotiated settlement, once formalised in a consent order, provides legal certainty without the uncertainty and delay of a trial.

Collaborative family law is a structured and forward-thinking approach to resolving disputes respectfully and without court involvement.

The model was pioneered in 1990 by American lawyer Stu Webb in Minnesota, and was introduced to the UK in 2003. It was developed in response to concerns that traditional adversarial approaches were unnecessarily combative and damaging to families

How the Collaborative Process Works

• Each party appoints a collaboratively trained solicitor.
• All participants sign a participation agreement, committing to resolve matters without court proceedings (except to formalise an agreement).
• A series of face-to-face “four-way meetings” take place involving both parties and their solicitors.
• Discussions are confidential and cannot be used in later court proceedings if the process does not succeed.

If the collaborative process breaks down, both parties must instruct new solicitors for litigation. While this may appear daunting, it strengthens the commitment to resolving matters constructively and encourages perseverance through difficult discussions.

A Flexible, Team-Based Approach

Where helpful, additional professionals can join the process, such as:

• Financial advisers.
• Accountants.
• Independent social workers.
• Family consultants.

These professionals may advise in writing or attend meetings, depending on what the parties consider most useful.

Collaborative law is not available once court proceedings have been issued, so early legal advice is essential if you are considering this route.

Arbitration offers a private, efficient alternative to court where an independent arbitrator makes a binding decision on disputed issues. Arbitration is suitable for most financial matters and many children-related issues, although certain matters fall outside an arbitrator’s powers.

How Arbitration Differs from Mediation

Unlike mediation or negotiation, arbitration does not require the parties to reach agreement themselves. Instead, after hearing evidence and submissions, the arbitrator makes a decision (an “award” in financial matters or a “determination” in children matters).

The decision is binding and subject to only very limited avenues of appeal.

The Arbitration Process

• Agreement to Arbitrate – The parties jointly select and appoint an arbitrator.
• Arbitration Agreement – Formal documentation is completed.
• Preliminary Meeting – The arbitrator clarifies the scope and timetable.
• Directions – Steps are set to prepare the matter for determination.
• Hearing or Paper Determination – The matter may be decided after a live hearing or on written submissions alone.
• Award/Determination Issued – A final, binding decision is delivered.

Arbitration can address a single discrete issue or determine the entirety of a financial or children dispute.

Benefits of Arbitration

• Speed – significantly faster than court timetables.
• Flexibility – hearing dates tailored to your availability.
• Continuity – the same arbitrator throughout.
• Confidentiality – particularly important for individuals in the public eye.
• Finality – a binding decision that enables you to move forward.

Arbitral decisions are supported by the family courts and can be converted into consent orders where necessary.

Every family is different. The most appropriate dispute resolution method depends on factors such as:

• The level of trust and communication between parties.
• The complexity of financial arrangements.
• Whether there are safeguarding concerns.
• The urgency of resolution.
• The need for a binding determination.

At KMJ Solicitors, we will carefully assess your situation and advise you on what we believe to be the most suitable approach, whether that is mediation, negotiation, collaborative law or arbitration.

Our aim is always to help you achieve a fair, sustainable outcome with dignity and clarity.

If you would like to explore resolving your divorce or family matter without going to court, we are here to help.

Margaret Kelly, solicitor, accredited mediator, arbitrator and Deputy District Judge, leads our non-court dispute resolution services.

To discuss your options in confidence, please contact KMJ Solicitors at:

Email: info@kmjsolicitors.com
Consultations: Schedule a no-obligation appointment today

Taking early advice can make all the difference in choosing the right path forward.