PREP TASK 1
OUTCOME 2: ‘CONSIDER APPROPRIATE PROCESS OPTIONS IN
FAMILY CASES’
1. Make a list of the advantages/disadvantages of each process
from a client’s points of view
Resolution website – looking for help
PAGE 25 LPC BUDDY
PAGE 20 TEXTBOOK
A. Reaching an agreement between yourselves [DIY
NEGOTIATION]
‘do it yourself’
The parties negotiate their own agreement with or without professional
support
Disadvantages:
Î Complex process with many aspects to the client + partner to consider
[therefore, not suitable for everyone] – the parties may not be
equipped to deal with this without legal advice
Î Might be difficult communicating/you might be taken advantage of
Î This is only likely to work where a divorce is mutual + the parties
maintain sufficient trust so as to be able to agree on financial matters
+ arrangements for any children
Î Might be time consuming if the parties are amicable + imbalance of
power/domestic abuse can be unfair for one party
Î Parties lack legal support
Î Requires confidence/ability to negotiate
Advantages:
Cheapest option [good if you are not financially stable]
Avoid the potentially inflammatory perception of one party being the
first to instruct solicitors
Confidential [solve between themselves]
Can be beneficial if in good relations/can maintain good relations
Could be quicker than going to court/arbitration
Can be tailored to what the client wants + remains in control + parties
have lots of power/can decide the outcome and process
Cheap
Parties have total control of the process
B. Lawyers negotiating on your behalf
‘Solicitors negotiation’
Solicitors negotiate on behalf of the party [correspondence/round table
matter]
In this approach, you appoint a family lawyer who focuses on your
interests and who negotiates with your partner’s lawyer
, Outcomes often depend on what these lawyers expects would be the
result of any eventual court process.
Many cases reach a satisfactory conclusion without going to court
when resolved using lawyer negotiation which can be used alongside
other processes such as mediation.
Many people choose this approach because they want to be supported
throughout the negotiation process
Solicitors can negotiate on behalf of each party via (a) correspondence
e.g. offers and counteroffers in letters with the aim of reaching a
settlement or (b) a round table meeting where the parties are gathered
in the same building with solicitors negotiating face to face
Disadvantages:
Î This can only work if both parties are willing to try and resolve their
differences in good faith
Î The parties remain siloed [isolated] which can result in a lack of a
collaborative approach
Î If the negotiations are protracted [extended/prolonged] this can
increase time + costs [could be time wasting if negotiations fail]
Î More expensive [but not as expensive as going to court] but there is a
court element
Î You are not guaranteed a solid process [i.e. beginning – end] as you
would if you go to the court
Î Expense of back and forth correspondence
Î No guaranteed outcome
Advantages:
A decision achieved through negotiation is more likely to be better +
longer lasting than if a court imposes a solution [i.e. if you can make a
decision through negotiation its likely to be better and longer lasting
than if a court imposes a solution on you]
It is cheaper than litigation
It can result in a quick + confidential settlement
Approaching your issue constructively could cost your less [emotionally
+ financially]
Remains some control [why?]
Parties have legal support
C. Resolution Together & Joint legal advice for separating couples
D. Parenting co-ordination
E. Mediation
Mediators are trained to help resolve disputes over all issues faced by
separating couples or specific issues such as arrangements for any
children/finances.
It is a voluntary and confidential process.
, A mediator will meet with you and your partner together and will
identify those issues you cant agree on and help you try and reach
agreement.
Mediators are neutral and will not take sides, so they cannot give
advice to either of you. They will usually recommend that you obtain
legal advice alongside the mediation process and will guide as to when
this should happen.
Mediators listen to find out what is important to you and help you make
your own choices & decisions about the best way forward. They will
help you reach practical solutions which work for you and if you are
parents, for your children.
Almost always, problems are best solved when people talk [and
sometimes you need a helping hand]. When relationships end/there are
disagreements, emotions can run high and talking face-to face can be
hard therefore having help to get the talking started & focus on what
really matters.
Meetings will be scheduled at which you may work on communication
issues, arrangements for children, exchange financial information and
consider your options. The mediator may suggest other help, such
financial advice or support for your children. Between meetings you
may wish to meet with your lawyer for advice.
The couple engage a mediator who seeks to help the couple resolve
their issues by negotiated agreement.
They generally take place over a series of 90 minute sessions over a
period of weeks or months, with solicitors only being directly involved
by advising their client between sessions.
The main aim is for the couple to reach their own agreement about all
aspects of their separation/divorce [child arrangements, finances,
property] WITHOUT having to ask the court to make those decisions for
them.
The court process may still be relevant if the couple need to obtain a
court order, e.g. to make any agreement they have reached at
mediation binding and enforceable.
Anyone wishing to start court proceedings will need to attend a
Mediation Information and Assessment Meeting (MIAM) first. This is
where a mediator provides information about the process and assess
whether the case is suitable for mediation [there are some exceptions
to this]
The court is entitled to take into account any failure by a party without
good reason, to either attend a MIAM or to attempt NCDR when
assessing the parties’ costs.
Disadvantages
OUTCOME 2: ‘CONSIDER APPROPRIATE PROCESS OPTIONS IN
FAMILY CASES’
1. Make a list of the advantages/disadvantages of each process
from a client’s points of view
Resolution website – looking for help
PAGE 25 LPC BUDDY
PAGE 20 TEXTBOOK
A. Reaching an agreement between yourselves [DIY
NEGOTIATION]
‘do it yourself’
The parties negotiate their own agreement with or without professional
support
Disadvantages:
Î Complex process with many aspects to the client + partner to consider
[therefore, not suitable for everyone] – the parties may not be
equipped to deal with this without legal advice
Î Might be difficult communicating/you might be taken advantage of
Î This is only likely to work where a divorce is mutual + the parties
maintain sufficient trust so as to be able to agree on financial matters
+ arrangements for any children
Î Might be time consuming if the parties are amicable + imbalance of
power/domestic abuse can be unfair for one party
Î Parties lack legal support
Î Requires confidence/ability to negotiate
Advantages:
Cheapest option [good if you are not financially stable]
Avoid the potentially inflammatory perception of one party being the
first to instruct solicitors
Confidential [solve between themselves]
Can be beneficial if in good relations/can maintain good relations
Could be quicker than going to court/arbitration
Can be tailored to what the client wants + remains in control + parties
have lots of power/can decide the outcome and process
Cheap
Parties have total control of the process
B. Lawyers negotiating on your behalf
‘Solicitors negotiation’
Solicitors negotiate on behalf of the party [correspondence/round table
matter]
In this approach, you appoint a family lawyer who focuses on your
interests and who negotiates with your partner’s lawyer
, Outcomes often depend on what these lawyers expects would be the
result of any eventual court process.
Many cases reach a satisfactory conclusion without going to court
when resolved using lawyer negotiation which can be used alongside
other processes such as mediation.
Many people choose this approach because they want to be supported
throughout the negotiation process
Solicitors can negotiate on behalf of each party via (a) correspondence
e.g. offers and counteroffers in letters with the aim of reaching a
settlement or (b) a round table meeting where the parties are gathered
in the same building with solicitors negotiating face to face
Disadvantages:
Î This can only work if both parties are willing to try and resolve their
differences in good faith
Î The parties remain siloed [isolated] which can result in a lack of a
collaborative approach
Î If the negotiations are protracted [extended/prolonged] this can
increase time + costs [could be time wasting if negotiations fail]
Î More expensive [but not as expensive as going to court] but there is a
court element
Î You are not guaranteed a solid process [i.e. beginning – end] as you
would if you go to the court
Î Expense of back and forth correspondence
Î No guaranteed outcome
Advantages:
A decision achieved through negotiation is more likely to be better +
longer lasting than if a court imposes a solution [i.e. if you can make a
decision through negotiation its likely to be better and longer lasting
than if a court imposes a solution on you]
It is cheaper than litigation
It can result in a quick + confidential settlement
Approaching your issue constructively could cost your less [emotionally
+ financially]
Remains some control [why?]
Parties have legal support
C. Resolution Together & Joint legal advice for separating couples
D. Parenting co-ordination
E. Mediation
Mediators are trained to help resolve disputes over all issues faced by
separating couples or specific issues such as arrangements for any
children/finances.
It is a voluntary and confidential process.
, A mediator will meet with you and your partner together and will
identify those issues you cant agree on and help you try and reach
agreement.
Mediators are neutral and will not take sides, so they cannot give
advice to either of you. They will usually recommend that you obtain
legal advice alongside the mediation process and will guide as to when
this should happen.
Mediators listen to find out what is important to you and help you make
your own choices & decisions about the best way forward. They will
help you reach practical solutions which work for you and if you are
parents, for your children.
Almost always, problems are best solved when people talk [and
sometimes you need a helping hand]. When relationships end/there are
disagreements, emotions can run high and talking face-to face can be
hard therefore having help to get the talking started & focus on what
really matters.
Meetings will be scheduled at which you may work on communication
issues, arrangements for children, exchange financial information and
consider your options. The mediator may suggest other help, such
financial advice or support for your children. Between meetings you
may wish to meet with your lawyer for advice.
The couple engage a mediator who seeks to help the couple resolve
their issues by negotiated agreement.
They generally take place over a series of 90 minute sessions over a
period of weeks or months, with solicitors only being directly involved
by advising their client between sessions.
The main aim is for the couple to reach their own agreement about all
aspects of their separation/divorce [child arrangements, finances,
property] WITHOUT having to ask the court to make those decisions for
them.
The court process may still be relevant if the couple need to obtain a
court order, e.g. to make any agreement they have reached at
mediation binding and enforceable.
Anyone wishing to start court proceedings will need to attend a
Mediation Information and Assessment Meeting (MIAM) first. This is
where a mediator provides information about the process and assess
whether the case is suitable for mediation [there are some exceptions
to this]
The court is entitled to take into account any failure by a party without
good reason, to either attend a MIAM or to attempt NCDR when
assessing the parties’ costs.
Disadvantages
