By Jon Roberts, Partner

From the 6th April 2011, the Government introduced changes to the Law. Separating couples now have to consider mediation to settle disputes involving money or disputes with their children before they can refer the matter to a Court. The requirement is for couples to attend a media awareness session.

The Government’s thinking in introducing these changes was that mediation is though to be a quicker, cheaper and more amicable alternative, particularly where children are concerned.

Mediators are trained to help people resolve disputes. They are neutral and do not take sides in any dispute. However, they are not advisors and will not give advice on the individual situations of separating couples and usually recommend that both parties obtain legal advice alongside the mediation process.

However there is an alternative way of separating couples resolving their dispute through the Collaborative Law process. Each person appoints their own Lawyer but instead of negotiating by letter or phone, the separating couple and their Lawyers meet round the table to work things out face to face. The aim of Collaborative Law is to resolve family disputes without going to Court, although it can be agreed within the process that divorce proceedings take place and the agreement is recorded in a Court Order.

The Courts are over burdened with legal work and in the present economic recession things are likely to get worse. One of the benefits of the Collaborative process is that the parties can decide their own timetable depending upon their individual needs. In addition the issues discussed in the Collaborative process are largely decided by the separating couple and not by the Lawyers or the Court.

Both Jon Roberts and Pete Littlewood from Chafes Solicitors LLP are trained Collaborative Lawyers and can be contacted at Chafes Alderley Edge Office. Call 01625 585404 or email jon.roberts@chafes.co.uk or pete.littlewood@chafes.co.uk.