Although this should be the mechanism of last resort, in some cases it is impossible to avoid court litigation.
In this event, we are encouraged by the court and its process to take a practical approach and we will endeavour to assist you to reach a resolution with the help of a Judge at several stages before a Trial.
We will prepare your case in readiness for a Trial ensuring that all the issues are covered and presented in the best way, whilst also looking for opportunities to reach a settlement wherever possible. We would usually engage and introduce you to an experienced family law barrister as part of your team in order to add their specialist skills of advocacy and further independent analysis to give you the best possible representation. You would have the benefit of making decisions about your case after consultation with all of your team.
Whilst Helen Pidgeon is a trained mediator, she can also act as legal advisors to parties engaged in the mediation process with other mediators.
A mediator is not able to offer independent legal advice to either party. Therefore, as part of the mediation process it is often helpful for participants to have the benefit of their own legal advice so that during the mediation process you are aware of your rights and responsibilities and what you can expect to achieve. This enhances and supports the mediation process.
In this process, each person appoints their own collaboratively trained lawyer and you and your respective lawyers all meet together to work out issues face to face in a very open way.
Both of you will have your lawyer by your side throughout the process to provide you with support and legal advice. This is a very practical approach where both parties have a chance to air their concerns, but more importantly, to consider carefully what outcome they want for themselves, their partner and their children.
Helen Pidgeon is a collaborative lawyer.
This is an alternative to the litigation process or where you have not been able to reach an agreement within the mediation or collaborative law forums concerning financial matters.
An independent arbitrator is appointed by you and your partner to make a decision. The decision of the arbitrator if final and binding between you and will be formalised as an enforceable Court Order. With the pressures on the public courts system arbitration enables a quicker and more costs effective, flexible option when agreements cannot be reached between you both.
We are happy to advise on an ad-hoc basis and provide support and advice where you require it.
In many cases, clients can be successful in reaching their own agreed outcomes with their spouses or partners. However, you may wish to have some advice on the terms, specific issues, or, help with drawing up the necessary legal documents to make the agreement binding.