Couples getting divorced are generally advised by divorce solicitors to avoid court if at all possible. Not only is it expensive but the resulting bad feeling on both parties is never conducive to restoring any form of good relations when the litigation is finished.

Instead, divorce solicitors are encouraging couples to pursue alternative routes such as mediation, collaborative law or even agreement between themselves.

To help give you a better understanding of the options available to you TakeLegalAdvice.com has asked divorce solicitors what they involve and why they should be used.

Mediation

WHAT

Mediation is similar to collaborative law in that it provides face-to-face and non-confrontational environment in which issues can be discussed. It is different in that family lawyers are not present and the proceedings are facilitated by a neutral mediator.

The mediator can advise you on the documents that should be used and can provide legal information to ensure everyone has the necessary information. They cannot give anyone legal advice or impose a decision though. Rather, the mediator serves as an impartial professional who identifies the issues you cannot agree on and facilitates negotiation and agreement.

Once both parties have reached agreement the mediator will prepare a summary which your divorce solicitor will write up into a legal document. Only once the agreement is approved by the court does it become binding.

WHY

Like the collaborative process, mediation can provide a cheaper, quicker and more informal resolution. Again, the amicable nature of the proceedings helps maintain the relationship that is vital when children area involved.

Henmans family solicitor Rachael Smethurst (right) says: "It is very appropriate for couples stuck on a few points but who feel confident in their own ability to negotiate." Divorce solicitor Naim Qureshi, a partner at family lawyers Child & Child, recommends the process for settling child disputes rather than financial ones.

Collaborative law

WHAT

In following the collaborative law approach both parties and their legal representatives meet on a number of occasions in what are known as “four-way meetings”. The divorce procedure is taken out of the hands of the court and allows the parties involved to set the agenda and decide the terms of agreement between them. To pursue this option lawyers are not allowed to write letters or go to court.

Training in collaborative law began in October 2003 and there are now 1,000 trained collaborative solicitors.

THE PROCESS

The first meeting:

• both parties and their lawyers sign a participation agreement, committing to settle the divorce without going to court
• both parties will share objectives and set out a tentative timetable

Subsequent meetings:

• the details of a financial agreement and arrangements for children will be discussed
• other specialists such as tax advisers can be brought in to assist

Final meeting:

• agreements will be signed
• a timetable will be set out for implementation of the agreement

WHY

Divorce solicitor Chloe Burrows of family law firm Dawsons (right) recommends the process as "it enables clients tobe more proactively involved in making decisions for the family in the context of divorce proceedings, and can achieve more creative and flexible solutions to issues than those which may result from traditional litigation methods."

The more informal nature of the meetings means that the parties can focus on the issues important to them. This can in turn speed up the process and avoids relying on an uncertain court-imposed decision. The non-confrontational approach can also help maintain the amicable relationship that is vital when children are involved.

In 2006 The Lawyer magazine reported that in Cambridge, where the collaborative process first took off, 97 per cent of such cases were successfully resolved through negotiation.

Both parties reach an agreement

WHAT

In such a situation the parties involved will have already decided on the arrangements for finances and the children before consulting a divorce solicitor. They will go to a divorce solicitor to help them formalise the arrangements and deal with the paperwork or work out details such as spousal maintenance.

WHY

Divorce solicitor Rachael Smethurst has received work from a growing number of clients in such a situation, a trend she attributes to the common perception that some couples cannot afford lawyers. However, she does warn that in such a situation a divorce solicitor would be unable to give an opinion on the fairness of the agreement since they will not have been involved in the negotiations.

Click here to read 'Consulting a divorce lawyer'