What are constructive negotiations?

Sometimes couples want to sort out their differences amicably but, for various reasons neither mediation nor collaboration are viable options.  This does not mean that they need to ask a court to make a decision for them.

Usually you will appoint a family law specialist to focus on your interests and then negotiate with your spouse, civil partner or ex-partner. By adopting Resolution’s code of practice and agreeing to work together co-operatively, the lawyers can negotiate through correspondence, over the phone or face-to-face. The outcome will often depend on how the lawyers expect that the case would be decided if it were to go to a final hearing.

If an agreement cannot be reached, an application can be made to the court, although this will sometimes happen sooner if there are urgent matters to be addressed.  The court issues a formal timetable setting out the steps that must then be taken.  Negotiations can continue alongside the court process, which will steadily progress towards a final hearing unless an agreement is reached.

There can be long delays in lisintg and often it can take seven or eight months before a case is heard for the final time. At the final hearing the judge has a broad discretion to make a final decision which binds both parties. The court process is generally the most expensive way of resolving disputes, and often leaves both parties dis-satisfied with the outcome.