My Family Pod

Family Law Without Court: A Practical Guide to Mediation, Arbitration and Collaborative Solutions

Myerson Solicitors Season 1 Episode 13

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0:00 | 30:07

In this episode of My Family Pod, partners Nicola Bright and Jane Tenquist, Head of Family Law, take a candid look at the realities of the family court process and explore the more effective alternatives available to separating couples.

They discuss the increasing pressures on the court system, including delays, rising costs, last-minute cancellations, and the emotional toll on families. Crucially, they explain why court proceedings should often be viewed as a last resort rather than the default route.

The episode provides a practical and informative guide to alternative dispute resolution options, helping individuals understand how they can resolve matters more efficiently, cost-effectively, and constructively.

What We Cover

The challenges within the family court system

  •  Lengthy delays and limited judicial availability 
  •  Rising legal costs, often reaching significant sums 
  •  Hearings being cancelled at short notice 
  •  Inconsistent judicial experience in complex family matters 
  •  The emotional strain of contested proceedings 

Key risks when handling divorce without legal support

  •  Financial claims remaining open despite divorce 
  •  The importance of securing a financial clean break order 
  •  Ensuring agreements meet fairness criteria under the law 

Alternative dispute resolution options explained

Mediation

  •  A cost-effective, structured process to resolve disputes 
  •  Encourages communication and cooperation 
  •  Options for shuttle mediation and child-inclusive mediation 

Private Financial Dispute Resolution (FDR)

  •  A privately instructed judge provides an early case evaluation 
  •  Greater flexibility, time, and control compared to court 
  •  Higher likelihood of reaching a settlement sooner 

Arbitration

  •  A binding decision made by a chosen expert 
  •  Faster, confidential, and highly flexible 
  •  Particularly useful where a definitive outcome is needed 

One Lawyer, Two Client Model (Resolution First)

  •  A single solicitor acts for both parties 
  •  Streamlined, cost-effective, and collaborative 
  •  Suitable for couples with a strong foundation of trust and communication 

Collaborative Law

  •  Four-way meetings involving both parties and their solicitors 
  •  Focus on constructive, non-confrontational negotiation 
  •  Access to additional professionals such as financial advisers where needed 

Useful links

  • Jane Tenquist – Meet the team:  https://www.myerson.co.uk/people/jane-tenquist 
  • Nichola Bright – Meet the team:  https://www.myerson.co.uk/about/meet-the-team/nichola-bright
  • Myerson Solicitors – Family mediation services:  https://www.myerson.co.uk/services/family-law/mediation