In a world where an application to court should be seen in almost all
cases as the absolute last resort, many family law practitioners
surprisingly have little or no understanding of the benefit of 'out of
court' dispute resolution processes and how they actually work on the
ground. As the natural tendency is to 'stick to what you know' this can
cause a nervousness and a reluctance to engage in any form of dispute
resolution which is unfamiliar. This can give rise to unwittingly
becoming 'the other side' whose intransigence is blamed for a failure to
consider other alternatives.
Mediation/arbitration training courses are expensive - and not everyone
wants to do additional training beyond their skills as a family lawyer.
The purpose of this practical guide is to provide you with everything
you need to know to support your client through all forms of 'out of
court' dispute resolution with complete confidence.
First you are taken through the reasons why this might be beneficial to
you as a practitioner - and of course your clients. You are then
provided with a clear 'step by step' guide, intended to dispel all of
the mystery of the unfamiliar. Armed with this clear and concise
information you can comfortably move away from the court process and
quickly find that there is an 'out of court' solution for almost every
situation in which you are involved.
ABOUT THE AUTHOR
Karin Walker is the founder of KGW Family Law, a niche family law
practice based in Woking. A former Chair of Resolution's national DR
Committee (2014-2017), Karin has always been keen to promote out of
court dispute resolution. Her aim is to assist clients settle issues on
separation through constructive communication.
A Family Lawyer, Mediator, Collaborative Practitioner and Arbitrator,
Karin is an established figure in the family law world. In addition to
her highly successful practice, she also provides training for family
lawyers and mediators and has lectured extensively on a variety of
topics. She is co-author of the internationally best selling book
'Divorcing a narcissist - the lure, the loss and the law' and also
'Narcissism and Family Law - a Practitioner's Guide'.
CONTENTS
Introduction
Section One - First Considerations
Chapter One - Why, What and When? the Impact of the New Divorce
Legislation
Chapter Two - The Expectation of the New Client
Chapter Three - Your Pressures as a Practitioner
Chapter Four - Raising the Issue of Out of Court Dispute Resolution With
Your Client
Chapter Five - How to Approach the "Other Side"
Chapter Six - The Real Purpose of the MIAM and How to Get the Best Out
of That Appointment
Chapter Seven - The Bespoke Nature of the Out of Court Methods of
Dispute Resolution
Section Two - The Out of Court Options and How They Work in Practice
Chapter Eight - Mediation and Hybrid Mediation
Chapter Nine - Neutral Evaluation
Chapter Ten - Collaborative Practice
Chapter Eleven - The Private FDR
Chapter Twelve - Arbitration
Chapter Thirteen - The Certainty Project
And Finally...
Top Tips for Out of Court Dispute Resolution
