Family Mediation & Out of Court Solutions

A resolution in your best interests

Together with around 6,500 other family lawyers and professionals, we are members of an organisation called Resolution. Resolution members are committed to resolving family disputes in a constructive way and we follow a Code of Practice that promotes a non-confrontational approach to family problems. Resolution encourages solutions that consider the needs of the whole family and are particularly focused on the best interests of the children involved.

Today, more than four out of five divorce cases will not end up in court. Indeed, the Family Court now actively encourages people to resolve issues in a non-adversarial way. The many benefits of doing so include:

• reduces time and cost
• avoids the stress of going to court
• helps to avoid rifts developing between the parties
• benefits future communication and relationships
• have a much higher success rate

At Belderbos Solicitors, our highly experienced and qualified team are specialists in helping you to avoid court and complete a divorce or separation without the cost, stress and confrontation.

We can help you avoid a courtroom if you’re facing any of the following situations:

Concerned about difficulties in your relationship

You may want our advice when you are experiencing difficulties in your relationship. Relationships can be strained for all sorts of reasons, such as financial matters, children leaving home, issues with your wider family or simply that your feelings for each other have changed.

In the initial stages, we caution against any formal involvement and instead guide you to the appropriate people who may be able to help, such as Relate. Often we see clients at this stage who just want an overview of the legal aspects of separation, and a short meeting with us may help to address that.

Of course, the situation may have developed beyond that and you want advice on how to move on from where you are currently. Whatever your concerns about your relationship, you can talk to us in confidence and get professional advice on the options open to you.

Considering divorce

You must apply to the Family Court for a final order, which used to be called a decree absolute, to end your marriage, but you needn’t spend more valuable time and money on court over and above the necessary admin. At the same time, the ‘no fault divorce’ legislation introduced in 2022 has made it quicker and easier to file for and complete divorce proceedings, and the new rules encourage a non-confrontational resolution.

If you are looking for a more dignified divorce, where all parties meet to find a mutually agreeable outcome, the collaborative law process could be for you. As a specialist in this area, we can tell you more about the process and the benefits for both you and your family.

Wanting to ensure continued contact with your children

Contact with children can break down as a result of separation and/or divorce. Or, you may already be separated and have enjoyed regular contact so far but this has now faltered. Issues with children when parents split up can be traumatic and often the court feels like the only option. Our advice is that there are achievable alternatives outside of a courthouse.

We will listen to you and work with you and your ex-partner calmly to explore every avenue for a resolution that doesn’t require the law courts’ involvement. Of course, if an out-of-court solution isn’t possible, we can advise you about the steps that can be taken.

Supporting a family member through divorce

You may have a family member going through a divorce and you want to understand more about it and how you can best support them. You might be worried about how it will impact on them and on the family. Whatever your questions and your role, we have extensive experience to help you and perhaps put your mind at ease.

Whatever you are facing, start with us

With our calm, knowledgeable advice, you will have answers that help you to make informed decisions, without worrying about things unnecessarily. We’ll use our extensive experience to tailor a solution that works hard to achieve the best outcome for you and your family.

We have talked here about some of the situations we can help you with to resolve outside of court. Now, let’s consider the different ways you and your ex-partner can together plan a more collaborative, less confrontational way forward.

Family mediation is a voluntary process that provides a neutral and safe environment for separating couples to discuss and resolve issues such as finances, living arrangements, and parenting responsibilities, with the support of a med

It’s inevitable that emotions will run high during a separation and/or divorce, but a neutral and safe environment can very often help you and your ex-partner make sensible decisions together about your future.

Family mediation is a voluntary option that enables couples to find an alternative to lengthy, intrusive and expensive court appearances. To be clear, it isn’t a substitute for legal advice and a mediator will not tell you what to do. Instead, the process will help you and your ex-partner reach an amicable agreement and improve the level of communication between you.

If you both find it difficult to come together to talk without arguing, a mediator can help to calm a tense situation by encouraging you to explore the different options available.

It is a much kinder and more compassionate environment for discussing the long-term needs for you, and your children if you are parents, than the bleak setting of a courtroom. And, of course, a judge doesn’t know you and your family. You do, better than anyone.

As a couple, and as parents, you keep control of the process during mediation, without the time delays and enforced timetable that a court process would bring. A settlement, created in mediation and agreed by both of you, can be a less expensive, less stressful solution that is simply better suited to your long-term needs.

We are specialists in mediation. Our director, James Belderbos, is a trained and registered mediator and collaborative lawyer, receiving his training from Resolution. Our mediation training by Resolution is approved by the Family Mediation Standards Board.

If you are interested in mediation as an alternative to court, talk to us today.

In family arbitration, you and your ex-partner appoint an arbitrator. This person will make a final and binding decision between you on any financial and property disputes or, in some situations, child-related issues arising from family relationships.

Family arbitration enables couples going through a break-up to resolve disputes more quickly, in confidence and in a more flexible and less formal setting than a courtroom.

The same arbitrator will deal with all stages of the case from start to finish and you and your ex-partner will decide how the proceedings are run. This could include, for example:

• choosing the venue
• whether you meet face to face or through writing only
• whether to use the arbitrator for the whole process or just the parts you are stuck on

The flexibility and the fact that you will get a final decision much more quickly can make arbitration more cost effective than court.

There are situations not best suited to arbitration, for example if you need to get evidence from third parties or there is a risk that your partner might try to hide assets. However, appointing an arbitrator is a genuine alternative to going to court for most family cases.

The collaborative process presents an opportunity for couples to work through issues arising out of their separation together, whether they are financial or child-related.

This is where you and your former partner can, with the help of your solicitors, sit down in the same room and work through each and every problem face to face. These meetings enable you and your family to resolve the issues that concern you most, with the support of professionals to assist if necessary. These specialists may include financial advisors or family consultants.

To adopt the collaborative approach, there must be a genuine desire on the part of all involved to reach an agreement for the family as a whole. There has to be a willingness to act openly and honestly in disclosing information regarding assets and to use skilled, trained solicitors who are practised in working in such a way.

Are you and your ex-partner committed to reaching a resolution without going to court? With extensive experience in collaborative law, Belderbos Solicitors can help you resolve your issues together.

If you apply to court for a decision on financial matters resulting from your divorce, such as your family home, a shared business or a joint pension, the family law court will set out a timetable and process. One of the steps in that process is a financial dispute resolution, or FDR, which encourages a settlement between you and your ex-partner.

Private FDRs are like this but rather than being in court with a judge allocated to you, you choose the experienced solicitor, barrister or retired judge to give the guidance. Belderbos Solicitors can arrange a private FDR for you.

Early neutral evaluation (ENE) is a non-binding form of dispute resolution, which gives you and your ex-partner an initial ‘sense check’ from a professional with expertise in the relevant field.

You both get a chance to know whether you’re on the right track from the outset and it makes it easier to reach a sensible settlement out of court. Belderbos Solicitors are experienced in arranging early neutral evaluation on finance matters on your separation.

Hybrid mediation combines traditional mediation with legal support, allowing a neutral mediator to facilitate discussions while each party’s lawyer provides legal advice and ensures their client’s rights are protected, offering a cost-effective, less confrontational alternative to court.

At Belderbos Solicitors, we advocate for out-of-court solutions like hybrid mediation, which blends expert mediation with legal support to reduce costs, stress, and confrontation while ensuring legal rights are protected, fostering better communication and higher success rates in resolving family disputes.