Why collaborative law can prevent couples getting in a lather over litigation costs
A recent news report reinforces the folly of spending large sums of money on heated court battles in favour of a non-confrontational, less stressful and more cost-effective solution.
A High Court judge has lambasted an estranged couple who supply luxury bathrobes and towels to top hotels for racking up a “crazy” £1.5m legal bill in wrangling over their £10m assets. Having spent 15% of their wealth on the bitter battle, Mr Justice Holman has urged them to negotiate.
As prominent supporters of Resolution which works to resolve family disputes constructively, at Jones Myers we encourage our clients to co-operate over dividing their assets and securing the future of their children.
In our extensive experience, protracted court battles (litigation) over differences can result in the parties and their advisors losing sight of what they are trying to achieve.
We help ex-spouses to avoid a protracted, expensive and stressful court process through three tried and proven processes. The first is collaboration, which seeks to achieve a respectful and dignified resolution, putting any children at the heart of the process and keeping the details private.
We also recommend mediation where a mediator facilitates confidential and voluntary discussions between the parties and which usually culminates in a Memorandum of Understanding which records the agreement reached.
As a last resort, the third process which also avoids the court route is arbitration where an arbitrator, an experienced family lawyer, works with couples to reach a divorce settlement. Similar to a judge, they collect relevant facts and evidence and base their decision on this evidence – taking into account the views of both parties. The Award is final and binding in both parties.
Adopting an inflexible stance where hard-core financial gain, hostility and prolonged battles become all-consuming will inevitably lead to heartache, guilt and regret for many years to come.
At Jones Myers we understand that every case is unique and we consistently strive for the right solution for every client.
We know only too well the impact that relationship and family issues can have on people’s lives which is why our understanding, expertise and reputation unpins everything we do.
For more information about collaboration, mediation, arbitration or any aspect of family law call Jones Myers on 0113 246 0055. Our highly experienced team includes founder Peter Jones, one of the UK’s top divorce lawyers and mediators and the first qualified arbitrator in Leeds and Norman Taylor who pioneered collaborative law in Yorkshire. You can also tweet us @helpwithdivorce