For a glossary of terms you might come across during this process, please click here.
Do you want to avoid going to Court? If so, then Alternative Dispute Resolution (ADR) may be for you.
There are three different types of ADR:
Mediation is where both parties meet with a trained, independent expert (a mediator) to try to resolve the issues between them. This can include issues arising from the breakdown of a relationship such as children or financial matters.
It may also be useful to mediate to agree the terms of a pre- or post-nuptial agreement or a cohabitation agreement.
Rosalyn O’Donnell-Teelan is a fully trained and highly experienced Resolution-trained mediator. If you are already in mediation, you may wish to have some advice from an independent solicitor in the background. We can also assist you with this.
Collaborative law is where both parties sit together with their solicitors (four people in the room together) and try to reach an agreement between them over a series of meetings.
At the beginning of the process the parties sign a document to commit to working together to avoid Court proceedings.
Rosalyn O’Donnell-Teelan and Catherine Silwal are both Resolution-trained collaborative law practitioners.
Arbitration is where the parties agree to appoint a private arbitrator, who acts like a judge, to make a decision on the issues between them, whether financial or in relation to children.
The advantage of arbitration is that it is much quicker than going to Court.
The arbitrator’s decision will be binding. Although in children matters there is the ability to have the Court review the decision of the arbitrator, the decisions are rarely overturned.
Arbitrators also undertake negotiation hearings, just as the Court does before it moves to a final hearing. The aim of both the Court process and the arbitration process is to help the parties reach an agreement themselves before the Court needs to impose one.