Not every dispute must be subjected to court processes.
Even if the dispute has been in existence for many years, an experienced family solicitor may help you by putting forward different options to settle your dispute.
At Tajik Lawyers, our aim has always been to settle disputes without the need to go to court.
One of the ways we do this is by carefully analysing a matter and entering into meaningful negotiations with the other party or their solicitor.
Anyone who has had their disputes settled in court will tell you it is a long, unbending process that can eat away your financial resources and leave you exhausted, not to mention the delays due to an overburdened justice system.
When your case takes longer than usual, the stress may take an emotional toll. Whether you are dealing with a new dispute or one that has been in court for some time, settling out of court is definitely the smarter way out.
Available Dispute Resolution Options
Negotiation
A solicitor can negotiate with the other party or their solicitor on your behalf when you have difficulties agreeing.
When court seems like the only option left, we can organise an informal meeting (without a mediator) to try and negotiate with the other party until we reach an agreement.
Many disputes are resolved this way through cooperating legal practitioners who have the same goal – resolution of the disputes.
Mediation
Most of our property and parenting matters are settled through a dispute resolution process called mediation. This usually takes place before court proceedings but can also take place even if court proceedings are on foot.
With the help of an independent third-party mediator, the parties and their legal team come together with the aim of resolving their disputes and reaching an agreement.
You can attend a face-to-face mediation, or the mediation can be facilitated online.
Suppose you are not comfortable seeing the other party. In that case, there is an option of having a shuttle conference where the parties are placed in different rooms/virtual rooms, with the mediator speaking to the parties separately.
If you settle your dispute at mediation, we can formalise the agreement by way of a parenting plan, financial agreement or consent orders.
What Next After Settling the Dispute?
Informal agreements are not legally binding. Once an agreement has been reached, the next thing that should be done is to formalise the agreement. Relevant legally enforceable documents will have to be prepared and signed by both parties.
Preparation of these documents is another detailed and technical process, best done by experienced solicitors. But that should be the least of your concerns if you are working with us.
Our knowledgeable, skilled lawyer will draft a parenting plan, financial agreement, or consent order without delay.
What Happens When No Agreement Can Be Reached?
When you have attempted the available dispute resolution mechanisms and cannot resolve your dispute, you may need to initiate court proceedings.
Seeking a qualified and experienced family law solicitor is vital to providing you with the best outcome for your case.
